DuPage County Visitation Lawyers
Experienced Family Law Attorneys Serving Clients in Lisle and Throughout Illinois
During a divorce, legal separation or paternity case, the issue of child custody and visitation is often among the most contentious. Though the court may have granted sole physical custody to one parent, the non-custodial parent is entitled to regular visitation and parenting time in most cases. Grandparents, step-parents, siblings and other family members may also seek visitation rights under certain circumstances. However, securing a satisfactory visiting schedule can be difficult and requires the skill of an experienced family law attorney.
At Momkus McCluskey LLC, our family law and divorce group has in-depth knowledge of the Illinois child visitation and parenting laws and the rights of non-custodial parents to visit their children, as well as the rights of custodial parents to establish reasonable visitation parameters. We help clients negotiate these parameters as part of the divorce decree. We also help clients with post-decree modifications if they are not happy with the child custody arrangement in the original decree. We have vast experience with even the most complex divorces and we put this experience to work to aggressively advocate for the best interests of our clients and their children.
Child Custody and Visitation Rights
Even in cases in which the parents have joint legal custody, one parent usually retains sole physical (or residential) custody. The law allows the non-custodial parent reasonable visitation and parenting time in accordance with what is best for the child. There are instances, however, when visitation can be denied, such as:
- When the physical, mental or emotional well-being of the child is endangered;
- When one parent violates the terms of the present visitation agreement; or
- When a biological parent terminates his/her parental rights.
The custodial parent is not allowed to deny visitation rights over personal disagreements or disputes that do not impact the well-being of the child. If the non-custodial parent is being denied visitation in violation of the terms of the child custody agreement because of a personal matter that does not affect the child, he/she has the right to petition the court to enforce the original decree.
If you are a parent or close family member and are not happy with your current child visitation schedule, contact Momkus McCluskey LLC today at (630) 434-0400 for a consultation. One of our experienced family law attorneys will sit down with you to discuss your situation and advise you of your options and the best way to successfully resolve your case. We provide advice and counsel from our team of skilled and compassionate visitation and parenting time attorneys in Lisle, Chicago, Kane County, Will County, Lake County, McHenry County, Kendall County, DeKalb County and throughout Illinois.