Visitation in Illinois is a right not a privilege

Parents get to see their children! Even if a parent seriously endangers their child they still get to visit with their child, but the visitation will be supervised.

Where will the case be heard?

The case will usually be heard in the County where the child resides. For purposes of interstate litigation visitation is a form of custody.

What happens in a Visitation case?

Because the right to visitation is so strong visitation is routinely ordered without much litigation. In cases where the opposition to visitation is strong, due to a serious endangerment charge, the Court has all the tools that are available in a custody dispute including, education classes, mediation, appointing a child's attorney, home study, appointing expert evaluators, etc.

WHAT DOES VISITATION LAW SAY?

A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral, or emotional health.

750 ILCS 5/607(a)

"... the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental moral or emotional health.

750 ILCS 5/607(c)

In Heldebrandt v. Heldebrandt the trial Judge restricted visitation without a specific finding of endangerment and was reversed on appeal as the Appellate Court summarized the law on visitation as follows:

"A trial court must hold hearing on the issue of restricted visitation and should grant restricted visitation only after making the extraordinary finding that visitation would seriously endanger the child's physical, mental, moral or emotional health. (Citation omitted)

The serious endangerment standard contained in 607(c) of the Act is onerous, stringent and rigorous to meet because liberal visitation is the rule and restricted visitation is the exception. (Citation omitted)

The custodial parent carries the burden of proving by a preponderance of the evidence that visitation with the non-custodial parent would seriously endanger the child. (Citation omitted)

Use of a best interests standard, rather than the serious endangerment standard, constitutes reversible error. (Citation omitted)"

Heldebrandt v. Heldebrandt, 251 Ill.App. 3d 950, 623 N.E.2d 303 (4th Dist. 1993)

A restriction on visitation is action which limits, restrains, or confines visitation within bounds; termination of visitation, prohibition against overnight visitation, requirement that visitation be supervised, requirement that visitation occur in home of custodial parent and requirement that visitation occur outside home of non-custodial parent are all restrictions on visitation.

In re Marriage of LaTour, 241 Ill.App. 3d 500, 608 N.E.2d 1339 (4th Dist. 1993)

The preponderance of the evidence has been defined as evidence sufficient to incline an impartial and reasonable mind to one side of an issue rather than the other. A proposition proved by a preponderance of the evidence is one that has been found to be more probably true than not.

   In re Estate of Ragen, 79 Ill.App.3d 8 at 13 (1st Dist. 1979)