Michael Schulenberg, Attorney at Law
Call Today! 630-454-4039
En EspaƱol
Home Attorney Profile Testimonials Divorce Contact Us
Hire an attorney who takes the time to get to know you and your case. Learn why you should choose an attorney recommended by fellow counsel. Click here to start your free case evaluation & see how we can help you!
Click here to read our firm's blog.
Send us an email about your case.

Visitation Rights Attorney in Batavia

Understanding Your Visitation Rights

Divorce is never an easy decision, especially when beloved children are in the picture. It often becomes an emotional battle between mother and father of how often the non-custodial party may see the child or children and under what conditions. By hiring an experienced legal mediator, who understands the laws concerning visitation rights, you can relieve stress and reduce arguments.

After determining factors of child custody and child support, a visitation agreement needs to be made. Even if you are the noncustodial parent, you still hold the right to see and spend quality time with your child. The only thing that could hinder visitation would be if the children's safety and health are put in any danger. It is important to keep in mind however, that custodial parents do not have the right to deny the noncustodial parent time with the children.

Number One Concern is Child Safety

A visitation agreement is made based on consideration of the child's best interests. Illinois state laws assure visitation rights to the non-custodial party unless it would be a danger to the child's mental, moral, emotional, or physical health. In cases of this nature, the court may decide to appoint a third-party to supervise during a parent's visitation time in order to ensure the safety of the children. Matters of visitation rights are often confusing and difficult for both parties to resolve. As a Batavia divorce lawyer I can assist you in establishing a mutual agreement with the other parent that supports the best interests of your child.

Factors of Visitation

With visitation in Illinois, the noncustodial parent has an obligation to pay child support to the custodial parent- failure to do so could result in a fine. It is also important that custodial parents include the noncustodial parent in the major decision making in regards to the child. The noncustodial parent has a right to be informed and to participate in the decision making process and if they are excluded from that, then they could take legal action. In some cases, the court is permitted to restrict visitation and could prohibit overnight visits or limit the visitation to occur only in the custodial parent's home, so it is important to remember that your visitation rights can be limited or revoked under certain circumstances.

Grandpatent Visitation Rights

Unlike parents, grandparents do not have a legal right to visitation in the state of Illinois. The only time that grandparents can request for visitation is if both parents decide not to live with each other on a permanent basis or if one of the parents is deceased or has gone missing for three months or more. In cases of this nature, the court will award visitation to grandparents if it is in the best interests of the child.

Establishing a Visitation Agreement

The non-custodial party is normally given a reasonable visitation schedule that will allow him or her to see the child or children on a set basis. This agreement will also include the conditions of the visitation, such as the location of the visit, who else may be present, and the extent of time the visit may occur. Another factor that can be established in an agreement is who will have custody when the regular routine is on hold, such as school and religious holidays.

What is fair to one parent is not always fair to the other. This is why it would be helpful to seek the assistance of a Batavia family law attorney to defend the best interests of the child involved. With 12 years of experience in family law, I could help make sure the child is protected and provided with a positive environment that helps them through the situation at hand.

If you believe that your rights to visitation have been compromised or you wish to modify the visitation agreement, please do not hesitate to contact a Batavia visitation lawyer from my firm today!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Attorney Web Design