Child Custody in Chicago– Visitation Rights and Learning to work with Your Ex.

Child Custody in Chicago– Visitation Rights and Learning to work with Your Ex.

By: M. Scott Gordon

The Law Office of M. Scott Gordon & Associates understands that the most difficult aspect of any legal case in Chicago or the North Shore is the question of Child Custody.  Section 602 of the Illinois Marriage and Dissolution of Marriage Act requires a court to determine custody in accordance with the best interest of the child. The court considers many different areas when determining custody. Some of these include but not limited to, Parental and Child’s wishes, School and Community, Home life, Mental and Physical Health of all individuals and daily routine and availability. Every Family Law case in Chicago and the North Shore are unique and determining what is in the best interest for the child is always the right course of action. Let’s discuss what Visitation rights for Parents means and ways to improve the quality care you and your Ex provide your children.

Section 607 of the Illinois Marriage and Dissolution of Marriage Act sets forth the visitation rights to be granted to a parent who is not granted custody (or physical possession) of a child. The Court is dictated by the best interest standard. Generally, non-custodial parents have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child. Unmarried parents should always make best efforts to offer visitation to the non-custodial parent. Always contact your Family Law Advocate to understand the laws in Cook and Lake County.

Every situation is unique, but let’s look at some reasons for encouraging or restricting Visitation Rights in Chicago.

Reasons for Encouraging Visitation Rights:

• Different Parenting Styles. Children can benefit from different parenting styles. It is important for parents to stay united, so the child doesn’t believe he/she can use one parent against the other.

• Children’s Behavior.  When a child has both parents in their life on a consistent basis that child benefits from each parent. Teaching “the basics of Life” can be applied by both parents which leads to better behavior patterns by the child.

• Education and Academics. With both parents involved with school events, or daily homework children benefit from additional teachings within the home in regards to their academics.

• Routine and Schedule. Many studies will tell you that children who have a consistent routine and schedule are more likely to show success in academics, psychological well-being and social behavior.

• Security.  Even from birth, children who have involved parents are more likely to be emotionally secure, be confident to explore their surroundings, and, as they grow older, have better social connections with peers.

•  Parents Work Schedule. Visitation allows both parents to maintain proper work schedules and offers flexibility during the work week.

• Parental Breaks. Parenting is a career not a job, and taking a break can be healthy to your overall well-being.

Reasons to Restrict Visitation Rights

There are legitimate reasons why an unmarried parent may want to refrain from offering visitation rights to the other parent. The reasons include:

• Domestic violence directed toward the child, a sibling, or the child's mother.

• Parent resides in an unsafe location (i.e. with dangerous individuals living in the home).

• Child does not want to visit - This is a difficult situation, as the courts frown upon allowing the child to "opt out" of court-ordered visits. In general, most courts want to encourage the relationship between the child and each of his/her parents. In cases where the child does not want to participate in visits, the court will usually want to know why. In order to protect herself, a mom in this situation should make sure that she is not "bad-mouthing" the father in front of the child, and she should work with the child and the father to resolve any issues and resume visitations as soon as possible.

• Immediate danger to the child - If the child is in danger from anyone while in the father's care, an unmarried mother should not encourage the visitation. Instead, a mother should allow the courts to decide how to create a workable visitation schedule.

Learn to Work with Your Ex

Let's face it, there's a good chance that the father of your child will be around for the better part of your life. It will make both of your lives easier if you have a continuous, communicative relationship with each other. For the sake of a harmonious relationship, and at least for the sake of the child, unmarried mothers should consider offering the father some sort of visitation rights. After a formal or informal agreement in court, parents may want to do some things together with the child. Initially, it may seem like a bad idea, but parents should consider how many occasions they have to spend time with each other such as birthdays, graduations, religious ceremonies, etc. It's probably easiest to try to get along.

If you have any questions regarding this blog, the information included or you would like to speak with an Attorney at M. Scott Gordon & Associates regarding your case feel free to contact us here, or call one of our offices to see how we can help. Family Law Advocate Skokie Office 847-329-0101, Chicago Office 312-360-0250.