Every state has its own regulations regarding divorces where children are involved, and each of these states determines child visitation differently. Some states have a guideline, or “standard visitation” policy, meaning the determination for the non-custodial parent’s visitation rights is based on a broad-term, generalized guideline, typically an “every other weekend and two weeks in the summer” visitation schedule. This is not the case in the state of Illinois, however. Illinois doesn’t standardize any schedule in matters of visitation rights of the non-custodial parent. Every case is determined by the circumstances of each individual family, and the outcomes are typically generated to satisfy the needs of each specific situation.
The Rights of Visitation
In the state of Illinois, divorce law entitles non-custodial parents to have visitation rights.
- The law clearly describes these rights as an entitlement, meaning the non-custodial parent may not be disallowed or denied their rights of visitation without the denial being a judgment of a full custody hearing.
- The children in these matters don’t typically have the rights to choose any matter of visitation designated to them.
- However, one thing that is generalized in the custody law of Illinois is the fact that in most cases, younger children are not sent on overnight visits with non-custodial parents until they reach a certain state of maturity.
- Once they do, however, the rule of visits occurring more frequently and for a longer period of time are enforced according to the law.
How Child Support Effects Visitation
In the state of Illinois there is no connection between child support and visitation. The two matters are kept completely separate, and are not allowed to interfere with each other. Regardless of the status of the non-custodial parent’s child support account, visitation cannot be denied by the custodial parent. To commit this denial or withholding of the visitation rights is considered unlawful.
Compelling to Exercise Rights of Visitation
The state of Illinois does grant non-custodial parents the rights to visitation. However, state law does not mandate the visitation be performed. What this means is that even though visitation is a state-granted right, the non-custodial parent also has the right to not exercise their rights to visitation. There are certain circumstances, however rarely are they exercised, that allow the state to interject and grant the authority to the state needed to mandate a visitation schedule between the non-custodial parent and the child(ren).
Neutral Drop off/Pick up Sites
The state does not typically allow for mandating a neutral site between parents. That decision is left to be made between the custodial and non-custodial parties. However, in some cases where there is a certain degree of hostility between the parents, the state may mandate a county-sponsored site of exchange.
Getting Helping
If you live in Illinois and are seeking custody or visitation rights of your children, then you need to consult with an experienced divorce lawyer. Your attorney can assist you in arranging a custody agreement that is fair and that allows you the best possible access to your child or children.
