If you do not receive primary residential responsibilities regarding your children during your divorce, you will almost certainly be awarded visitation rights, now referred to as parenting time. However, all visitation is not created equal, especially if there have been alleged problems with your conduct toward the children or your former spouse. It is a good idea to try and familiarize yourself with the types of restrictions on your parenting time that you may face if you have encountered allegations of being a danger to your child.
Supervised Visitation
By far the most common type of restriction placed on the exercise of parenting time is supervision, meaning that the other parent or a third party must be present at all times during the restricted parent’s parenting time. Generally, if any allegation of dangerous conduct is made during divorce proceedings, a hearing will be held on the subject. If the conduct is proved by a preponderance of the evidence and that the child’s physical, mental or emotional health would be endangered by unsupervised parenting time with that person, supervision is the most common remedy assessed. The Department of Children & Family Services (DCFS) has the right to oversee continuing supervised visitation, if it is deemed warranted.
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