Visitation
Paul G. Chiligiris, Attorney at Law
Johnson, Stricklin,
Waller & Chiligiris
412 South Franklin Street
Decatur, IL 62523-1388
Tel: 217-422-2280
Fax: 217-422-0622
Email: paul@chiligiris.com
Web: www.chiligiris.com
FAMILY/DIVORCE LAW IS STATE LAW. THIS SITE GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN FAMILY/DIVORCE CASES IN ILLINOIS. THE INFORMATION HERE IS NOT COMPLETE AND THE LAW IN STATES OTHER THAN ILLINOIS IS DIFFERENT.
Once the parties and/or the Judge has determined what or who will receive custody of the children, the next issue that is decided is the visitation schedule. Visitation is also set using the best interest of the child standard. It is presumed, that it is in the best interest of the child that he have visitation with the noncustodial parent. The only way that visitation can be curtailed or supervised is upon a showing of serious endangerment to the minor child. Courts tend to favor liberal visitation as opposed to restricting visitation.
Visitation can be whatever the parties agree upon. Many divorced couples opt for alternating weekends and alternating major holidays in setting visitation. Others never define visitation and give it to the other parent whenever they agree. The problem with this type of visitation arrangement is that it is hard to enforce it if one party refuses to agree to allow the other party to see the children.
One common misconception people have regarding visitation is that they can withhold it if they are not receiving child support. This is not true. Child support and visitation are not related. Therefore, parties cannot punish each other for late child support payments by withholding visitation and vice versa.
Grandparents, great-grandparents and siblings are entitled to visitation as well in the State of Illinois. A grandparent can file for visitation if one or more of the following circumstances exist:
- The parents are not currently cohabitating on a permanent basis;
- One of the parents has been absent from the marital abode for more than one month without the spouse knowing his or her whereabouts;
- One of the parents is deceased;
- One of the parents join the petition with the grandparents, great grandparents, or sibling; and
- A sibling is in State custody.
Visitation will be allowed if a court finds it in the child's best interests. The courts will, however, review recent Supreme Court Decisions, and give weight to a reasonable parent's decision.
To find out more about visitation, please e-mail me contact me by phone at (217)422-2280.
- Family / Divorce Issues
- Starting a case
- Child custody
- Visitation
- Child support
- Dividing Property and depts
- Maintenance (Alimony)
- Orders of protection
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