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 may be entitled to visitation as well in the State of Illinois. A grandparent or non parent can file for visitation if there is an unreasonable denial of visitation by a parent and at least one of the following conditions exist:
1. A parent is deceased;
2. A parent is incompetent as a matter of law;
3. A parent has been incarcerated in prison for 3 Months;
4. The parents are divorced or separated or never married and not living together and the visitation will not interfere with the noncustodial parents visitation.
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.