Illinois Child Visitation Laws

Illinois parenting time laws prioritize the child's well-being by structuring arrangements that ensure meaningful contact with both parents. Courts allocate parenting time based on the child's best interests, considering factors like parents' wishes, the child's adjustment, and any safety concerns.

The amount of time that a non-custodial parent or guardian is allowed to visit their child depends on many factors. In general, a court will not restrict visitation in either a joint custody arrangement or a sole custody situation except when it's necessary to protect the best interests of the child.

Illinois courts use the term "parenting time" instead of "visitation." They also use the term "parental responsibilities" instead of "custody." This terminology is considered more appropriate for family law issues, in which determining winners and losers can be a difficult way to characterize the sensitive situations surrounding the custody of a child.

Illinois Custody and Visitation Rights

In Illinois, custody and visitation arrangements are designed to prioritize the well-being of the child. The state recognizes both physical custody and legal custody. Physical custody determines where the child lives. Legal custody involves decision-making responsibilities for the child's education, healthcare, and other significant aspects of their life.

Illinois courts may grant joint or sole custody, depending on the family's specific circumstances. Visitation, also known as parenting time, is carefully structured to ensure meaningful contact with both parents. When parents cannot agree on a custody or visitation plan, the court will intervene to establish a fair arrangement that supports the child's stability and development.

Illinois Child Visitation Laws at a Glance

There's value to reading the literal language in a statute. However, it may be more helpful to see the statute in plain English. The chart below provides you with an overview of the parenting time laws in Illinois.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Parenting Time Restrictions

Under Illinois law, the restriction of parenting time refers to any limit or condition on parenting time. This includes supervision. Courts in Illinois don't typically place restrictions on parenting time, unless necessary to prevent serious endangerment to a child. A court may find that serious endangerment exists based on a parent's conduct during a divorce or paternity case. In some cases, the court can enter orders to prohibit contact with that parent.

In Illinois, courts can enforce restrictions on a parent’s visitation rights that they deem necessary to protect the child, including those which:

• Require supervision at visits
• Mandate locations for visits
• Deny visits when the parent is under the influence of a substance such as drugs or alcohol, or has used them within a designated period preceding the visit
• Prohibit overnight visits

Only parents have a legal right to parenting time. However, under certain circumstances, grandparents, great-grandparents, step-parents, and siblings may ask for a visitation order from the court when they have been denied reasonable visitation.

Illinois Child Visitation Laws: Related Resources

• Illinois Child Custody Laws
• Illinois Family Laws
• Parental Visitation Rights FAQ
• Courts' Jurisdiction over Custody and Visitation Cases

Get Legal Help With Child Visitation in Illinois

It's important that you protect your parental rights in order to maintain a close, healthy relationship with your child. If you need to establish or change parenting time with your child, it's a good idea to get in touch with the law offices of a skilled family law attorney in Illinois for legal advice.