1) What visitation rights does a non-custodial parent have?
A non-custodial parent has a right to reasonable visitation with the children. The children's ages are considered in determining reasonableness, as well as the visitation circumstances. Visitation may be restricted only upon a showing that it would endanger seriously the child's physical, mental, moral or emotional health. Even in cases of serious abuse, visitation is likely to be permitted, although supervision or other restrictions may be ordered. Visitation may be modified from time to time by the court, as the child's needs require. Visitation abuse occurs when a party has willfully and without justification denied another party court-ordered visitation, or exercised his or her visitation rights in a manner that is harmful to the child or child's custodian. Court-ordered visitation may be enforced on an expedited basis in cases of visitation abuse.

2) What effect does a parent's mental illness have on visitation rights?
Mental illness or substance abuse is not, per se, a sufficient basis for restricting a parent's visitation rights. The mental illness must be considered along with all the other factors, and visitation can be restricted -- such as by requiring supervision -- only upon a finding after hearing that visitation would endanger seriously the child's physical, mental, moral or emotional health. A parent may be prohibited from contact with the child while under the influence of mind altering substances.

3) Under what circumstances will visitation be prohibited or restricted?
In matters of visitation, the primary concern of the court is the welfare of the child. Courts take the position that the best interest of the child is normally fostered by having a healthy and close relationship with both parents. As a result, Illinois law provides that a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health. Only very extreme circumstances require and allow the trial court to permanently deprive a parent of visitation. In order to restrict visitation rights, the custodial parent must prove that the visitation endangers the welfare of the child.

Generally, a parent's behavior which is not shown to have an adverse effect of the child will not be considered in granting visitation. Where, however, the court finds that the child's well-being may be endangered because of the parent's behavior, visitation may be prohibited or restricted. For example, a parent may be denied the right to overnight visitation in the presence of a paramour if the court is concerned that the child's moral development could be influenced by the parent's choice of living arrangements In such a case, overnight visitation might be allowed at the home of the child's grandparent. Courts have preserved the visitation rights of a mother confined in a penitentiary for murdering her husband, and of a mother who had been arrested for disorderly conduct in the presence of her children and had been physically restrained for her own protection while hospitalized for psychiatric treatment.

4) What constitutes a visitation restriction?
"Restrictions" have been found to include a prohibition of overnight visitation; a requirement that visitation occur in the custodial parent's home, or outside the home of the noncustodial parent; or the requirement that visitation be supervised

5) Can relatives get visitation rights?
Reasonable visitation privileges may be granted to a grandparent, great-grandparent, or sibling of any minor child if (a) the child's parents are not currently living together on a permanent or an indefinite basis, or one of the parents has been absent from the marital home for more than one month with whereabouts unknown, or one of the parents is deceased; and (b) if the court determines that it is in the best interests and welfare of the child. When one parent is deceased, the surviving parent may not interfere with the visitation rights of the grandparents. Other relatives, such as aunts, uncles and cousins, do not have visitations rights, even where the child has lived with them or been very close to them.

6) If the custodial parent denies the other parent visitation, can custody be changed?
Denial of visitation alone does not support a custody change, but visitation interference, coupled with other acts such as a decision to change the child's surname, which are found to be outward manifestations of a comprehensive scheme by the mother to deny the child any type of relationship whatsoever with his father, may constitute a sufficient change of circumstances affecting the child's well being.