Can I Restrict My Ex’s Parental Responsibilities and/or Parenting Time?

March 11th, 2024 by Tiffany Hughes

When getting a divorce or engaging in a custody battle in Illinois, there are multiple factors a Court takes to determine the parenting plan of two parties. The Court’s first goal is for both parties to work together to come up with a plan to share custody of your children. If you are in the position of having an ex that does not have your children’s best interest at heart, there are ways to protect your children and ensure you ex has less parenting time than you, or in rarer cases, none.

Can I Restrict My Ex’s Parental Responsibilities and/or Parenting Time?

The Illinois Marriage and Dissolution of Marriage Act states that if both parents are deemed fit to have parental responsibility and/or parenting time with the children, then the Court will not pursue restrictions on parenting time. If you think your children should not be with your ex, then you must prove to the Court that your children are worse off physically, mentally, morally, or emotionally. This can be achieved by petitioning the Court for restriction on parenting time.

What does the Court consider when awarding parental responsibility?

When petitioning a Court, it is important to know the following factors that a Court takes in to consideration when allocating parental responsibilities in Illinois:

(1)the wishes of each parent seeking parenting time;(2)the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time;(3) the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child’s birth;(4) any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child;(5) the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child’s best interests;(6) the child’s adjustment to his or her home, school, and community;(7) the mental and physical health of all individuals involved;(8) the child’s needs;(9) the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;(10) whether a restriction on parenting time is appropriate;(11) the physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household;(12) the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;(13) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;(14) the occurrence of abuse against the child or other member of the child’s household;(15) whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);(16) the terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and(17) any other factor that the court expressly finds to be relevant.” 750 ILCS 5/602.7(b)

What are types of restrictions on Parenting Time?

Knowing these factors can help you in your journey to achieve a bigger portion of parenting time and understand your parental and visitation rights. It is difficult, albeit not impossible, to get 100% of the allocated parenting time. Oftentimes, the Court can place certain restrictions on the parenting time such as the type, supervision, and duration. For example, the Court can prohibit unsupervised visits with your children, ensure all visits are within your home, or prohibit all overnight visits to your ex’s home. Other restrictions may include:

• a reduction, elimination, or other adjustment of the parent’s decision-making responsibilities or parenting time, or both decision-making responsibilities and parenting time;
• supervision, including ordering the Department of Children and Family Services to exercise continuing supervision under Section 5 of the Children and Family Services Act;
• requiring the exchange of the child between the parents through an intermediary or in a protected setting;
• restraining a parent’s communication with or proximity to the other parent or the child;
• requiring a parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time;
• restricting the presence of specific persons while a parent is exercising parenting time with the child;
• requiring a parent to post a bond to secure the return of the child following the parent’s exercise of parenting time or to secure other performance required by the court;
• requiring a parent to complete a treatment program for perpetrators of abuse, for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities under this Section; and
• any other constraints or conditions that the court deems necessary to provide for the child’s safety or welfare.” 750 ILCS 5/603.10(a)

Does the Court have a bias against fathers?

No. Despite some movies or TV shows depicting a narrative of bias towards mothers or awarding women more custody, this is false in the real world. Family Courts are not allowed to discriminate based on gender. Fathers can get full custody just as easily as mothers if the situation necessitates it.

How do I Prove the other Parent is Unfit for Parenting Time?

Proving to the Court your Ex is unfit is no small task. You must be able to provide proof of endangerment towards your children. This can come in many forms, including but not limited to threatening texts or emails, medical records, or testimony. Every case is different, but having proof of the abuse, neglect, or danger is extremely helpful in proving to the Court your ex does not deserve the right to full parenting time or any at all.

Illinois Law dictates:

“Under section 603.10(a), restricting parental responsibilities is a two-step process. The trial court must first make a factual determination the preponderance of the evidence demonstrates the parent has “engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development.” If the court finds the evidence presented is sufficient to make such a determination, it must then enter orders necessary to protect the child. Id. In doing so, the court must exercise its discretion in selecting appropriate restrictions to parenting responsibilities to provide for the child’s safety and welfare.” In re Marriage of Mayes, 2018 IL App (4th) 180149

Why should I hire an Attorney? Can’t I do this myself?

Fighting for your child’s safety is a serious matter. If you worry about arguing the parenting time for your children to be in a safe environment, then it should be left to the professionals. You may be able to prove your Ex does not deserve to be around your children, but having a lawyer be able to take that information and argue it on your behalf will make a difference. Being in Court and doing this yourself can be intimidating, having someone who is looking out for the best interest of you and your children can put your mind at ease.

The Law Office of Tiffany Hughes is equipped with exceptional lawyers who are experts in Family Law, with a multitude of experience relating to arguing for custody. We’d be honored to fight on behalf of you and your children to get the custody agreement you deserve.

Need More Information or Representation?

If you are looking to start or are going through divorce proceedings or a custody case and need more information regarding next steps, including but not limited to, restricting your ex’s parenting time, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping executives in companies litigate their high asset, complex matters while protecting privacy and advocating for their best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.