Illinois Family Law: Supervised Visitation

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Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m).  This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.”  This is not as a strict a restriction of termination of parental rights.  Instances where supervised visitation may be ordered include the following examples (case citations are provided):

  • In re Marriage of Gocal, 216 Ill.App.3d 221 (1st 1991)-Supervised visitation ordered where the father was hospitalized twice for manic episodes and diagnosed as manic with aggressive and out of control behavior.
  • In re Marriage of Campbell, 261 Ill.App.3d 483 (1st 1993)-Supervised visitation ordered to take place in mother’s home state until the child turned eight, where the father had thrown a suitcase that landed on the child, masturbated while the child was in the marital bed, and slammed a door in the child’s face.
  • In re Mrriage of Lombaer, 200 Ill.App.3d 712 (1st 1990)-Supervised visitation ordered where the mother was hospitalized for mental condition and failed to continue her medication upon release, even though mother was not required to take the medication and it was not necessary to prevent her from harming herself or others.
  • Voris v. Voris, 2011 IL App (1st) 103814 (1st 2011)-Supervised visitation ordered where the father tried to alienate the children from their mother, father’s actions endangered the children’s emotional and mental well-being, and he suffered from mental health issues including mania, grandiose aspirations, lack of impulse control and substance abuse.
  • Igel v. Igel, 2013 IL App (3d) 130175-U (3rd 2013)-Supervised visitation extended where the father continued to exhibit erratic behavior and was diagnosed with narcissism and paranoia, which caused him to have paranoia and breaks from reality under stress or alcohol.

Based on these cases and many others like them, alcohol and substance abuse, severe mental health issues, and aggression towards the child will likely result in supervised visitation to the non-custodial parent.

Rincker Law, PLLC is able to help families who are having custody and visitation disputes.  Cari is also a trained mediator and can work with families who are wanting to work out a parenting plan or modify their existing arrangement.  

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