Geneva, IL Child Visitation Lawyers
Family Law Attorneys Assisting With Parenting Time Rights in Geneva, Illinois
Child visitation rights are an important aspect of any child custody determination, and they often become an issue during divorce. If you are a parent who shares joint custody of a child, it is important to know that you have visitation rights. Even if you do not have decision-making authority regarding parental responsibilities, you still have the right to regular, ongoing parenting time with your child. Visitation/parenting time refers to the in-person time that you, as the parent, spend with your child.
In our state, parenting time is governed by a section of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7). In general, Illinois courts favor parenting time rights unless visitation with a parent would "endanger seriously the child's physical, mental, moral, or emotional health."
When you have questions or concerns about visitation, it is extremely important to discuss your case with an experienced child custody attorney. At Serrano Hanson & Hurtado, LLC, we understand that parenting time rights are important to parents, and our lawyers work with each client individually to strive for the best possible outcome in every case.
Personalized Service for Child Visitation Cases
Under Illinois law, courts must protect a parent's visitation rights. Indeed, only in certain circumstances may the court deny parenting time. What goes into creating a parenting time schedule? Unlike child support cases, Illinois does not have particular set of guidelines when determining an appropriate visitation schedule. In general, the parties will work to agree on a parenting time schedule on their own as part of their parenting plan. If the child's parents cannot agree to visitation terms, then the court will use the "best interest of the child" standard to determine a parenting time schedule.
When you work with Serrano Hanson & Hurtado, LLC, you will have a dedicated advocate on your side with experience in many different facets of family law. The attorneys at Serrano Hanson & Hurtado, LLC bring decades' worth of experience to protect your visitation rights. We also have experience serving in the capacity of a Guardian ad Litem (GAL), which allows us to make a case for the child's best interests as an unbiased advocate.
Parents who are facing a child visitation case should ensure that they have an experienced parenting time lawyer who can advocate for their rights. It is important to remember that, under Illinois law, a custodial or residential parent does not have the right to withhold visitation for certain reasons, including but not limited to:
- The non-custodial or non-residential parent's failure to pay child support;
- The payor parent's failure to provide financial assistance with extracurricular activities;
- The non-residential parent's failure to pay for the child's education; or
- Another reason for which the custodial parent is angry with the non-custodial parent but does not endanger the child.
If you have been denied parenting time without a valid reason, our attorneys can help you take steps to protect your parental rights and enforce the court's orders. We will work to help you address these concerns and make sure your children's best interests are protected.
Right of First Refusal
Divorced parents in Illinois should know about a provision known as the Right of First Refusal that could impact parenting time. Essentially, these provisions may mandate that if a parent needs a sitter or another person to watch their child temporarily, he or she must first notify the other parent with an offer to watch the child. Though the Right of First Refusal is not a requirement for a parenting plan, parents may include these provisions if they believe they would be best for their children. Our attorneys can help ensure that child care arrangements will be addressed correctly during custody negotiations.
Speak With an Experienced Child Visitation Attorney in Aurora, IL
Do you have questions about your rights regarding parenting time? Are you currently working to develop a visitation schedule with your ex-spouse but have concerns? No matter the type of child visitation matter you may face, an attorney at Serrano Hanson & Hurtado, LLC can assist with your case. Contact our family law attorneys today at 630-844-8781 for an evaluation of your case. We serve clients in Geneva, St. Charles, Elburn, Batavia, Aurora, and Elgin.