In most cases, a child’s best interests are served by preserving visitation. Google Chrome, Even in cases of serious abuse, a judge is likely to permit some visitation and add supervision or other restrictions to ensure the child’s safety. I think it should be 12 but that’s just my opinion. Generally, a court will not restrict visitation in either a joint custody arrangement or a sole custody situation except when it's necessary to protect a child's welfare. There’s no specific age at which a child can refuse visits; however, it may be harder to force a teenager to cooperate with visitation than a toddler. Child support and visitation rights are separate things and a parent who won’t or can’t pay child support is still entitled to regular visits with the child. You will need to... 0 found this answer helpful | 1 lawyer agrees Older children may express a preference in a custody case, but even then, the child’s wishes won’t be the deciding factor in your case. | Last updated April 13, 2018. Under Illinois law, the restriction of parenting time refers to any limit or condition on parenting time, including supervision. Search, Courts' Jurisdiction over Custody and Visitation Cases, deny visits when the parent is under the influence of a substance such as drugs or alcohol or has used them within a designated period preceding the visit; and. However, there can be legal ramifications in cooperating with a child's visitation refusal. This article has been updated for 2019. This terminology is considered more appropriate for family law issues, in which determining winners and losers can be a hard way of characterizing the sensitive situations surrounding a custody dispute. Each parent has the responsibility to encourage and facilitate visitation between the child and other parent. one of the parents is deceased or has been missing for more than three months. In a sole physical custody arrangement, the child lives with one parent full-time, even if the non-custodial parent has visitation rights or shares in the legal custody arrangement. Custody is relatively simple when parents can agree on living arrangements and visitation schedules for their children. Finally, we will explain how parenting time and parental decision making power are determined in Illinois. Microsoft Edge. Illinois’ custody and visitation laws distinguish between physical and legal custody. In some cases, the court can enter orders to prohibit contact with that parent. Child support, like custody, is for the child’s benefit – not the other parent. In some states, the information on this website may be considered a lawyer referral service. Illinois child custody laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if he or she determines the child's decision is not in his or her best interests. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. The amount of time that a non-custodial parent or guardian is allowed to visit their child depends on many factors. Ask Your Own Legal Question. We will explain Illinois parenting plans as well as what happens if the parents can’t agree on a parenting plan. Firefox, or Generally, a court will not restrict visitation in either a joint custody arrangement or a sole custody situation except when it's necessary to protect a child's welfare. One of a factors a judge assessing in determining a child’s best interests is each parent’s willingness to foster a relationship between the child and the other parent. The root of the problem is these damn medications that make people crazy, literally. any other factor the court decides is relevant. At What Age Can a Child Refuse Visitation in Illinois? If you still have questions after reading this article, you should contact a local family law attorney for advice.   Anytime children refuse to participate in a planned visit with their other parent, you should: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A child’s best interests dictate that the child should spend adequate time with each parent as long as it doesn’t pose a risk to the child’s safety, stability, or well-being. If you aren’t receiving court-ordered child support from your child’s other parent (the paying parent), contact Illinois Child Support Services or consult an attorney for help. Children are not pawns in a chess game and should be given the respect to know what is in their best interest at a specified age. Unless the parents present a mutually agreeable "parenting plan" which is approved by the court, the court will decide the terms. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. It's important that you protect your right to parenting time in order to maintain a close, healthy relationship with your child. A child won’t face sanctions for avoiding visits, but the other parent can face consequences. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Stat. A court may find that serious endangerment exists based on a parent's conduct during a divorce or paternity case or based on any other conduct that would significantly impair the child's emotional development. All rights reserved. The order of visitaiton is in the custody papers NOT for the child but for the CUSTODIAL PARENT. Illinois Statutes Chapter 750 Section 5/602.7 (Allocation of Parental Responsibilities). My kids dad lives in Alabama while my kids and I live in Illinois. Other relatives, such as aunts, uncles, and cousins, do not have any legal right to visitation, even if the child has lived with them or been very close to them. the child's parents are not currently living together on a permanent or an indefinite basis, or. In Illinois, courts can create whatever restrictions they deem necessary to protect the child, including those which: Additionally, only parents have a legal right to parenting time. A judge won’t adjust a custody award unless there’s been a material change in circumstances. What's reasonable depends on your family’s unique circumstances, including the children's ages. My kids hate going there for their summer visits. In ANY state of the U.S. a child can refuse to go on visitation with the non-custodial parent at ANY age. Do Not Sell My Personal Information, grandparents do not have an automatic legal right to visitation, require that visits occur in the custodial parent's home, prohibit a parent from contact with a child while the parent is under the influence of mind-altering substances, require that visits occur outside the home of the noncustodial parent, or. There’s no specific age at which a child can refuse visits; however, it may be harder to force a teenager to cooperate with visitation than a toddler. Kids and Visitation Refusal . This article provides an overview of child custody and visitation in Illinois. Stay up-to-date with how the law affects your life, Name This means the noncustodial parent should have reasonable visitation with his or her children. The courts can NOT force a child to go on visitation. In the state of Illinois what age can a child refuse to go with the non-custodial parent? Age 18 see link A parent(s) with “physical custody” lives with the child. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Specifically, if the court decides visitation should be restricted, it will tailor the restriction to the particular problem it has identified. A judge will consider several factors in reaching a custody decision, including: See 750 Ill. Comp. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states.