Parenting Time and a History of Abuse

 Posted on April 25, 2017 in Family Law

When your relationship with an ex-spouse or ex-partner involves an element of abuse, it can be difficult to think of your child spending time with that person. However, a history of abuse may not cancel out the child's right to a relationship with their other parent. Understanding this, and dealing with it can be difficult, but there are things that you can do to put your own mind and heart at ease. Learn more about your options regarding possible parenting time restrictions when there is a history of abuse, including when and where to seek assistance.

Presenting Your Case

One of the biggest challenges in bringing forward a case of abuse to the courts is ensuring that you are not somehow deemed as a someone who is trying to interfere with the rights of the other parent. As such, it is so crucial that you approach abuse issues carefully. Documentation is helpful, but the most important step you can take is to talk to an attorney instead of trying to handle the issue alone. Doing so could also be highly beneficial if you believe you may still be in danger; not only can a family law attorney protect your rights and the best interests of your child, they can also help you pursue a restraining order against the abusive parent.

Parental Supervision

While the court may, in some circumstances, eliminate the parenting time rights of an abusive parent, this is not always the case. Instead, the court may opt to provide the abusive parent with supervised visitation. Supervisors may include someone that both parents agree upon, or an impartial third-party, such as a state agency. In either case, if you are at risk, it is important to take extra precautions during pick-ups and drop-offs of your child.

Protecting Yourself During Child Exchanges

Whether you have pursued a restraining order or not, it may be wise to practice public visitation exchanges, or exchanges facilitated by law enforcement or other state agencies. Doing so not only protects you, but it also reduces the risk of arguments or conflict in front of your child. In the end, if the parent does not pose a danger to the child, this can help ensure the parent-child relationship is preserved. Though perhaps this is not something you feel comfortable with, it may still be in your child's best interests.

Contact Our Wheaton Family Law Attorneys

At The Stogsdill Law Firm, P.C., we understand the emotional challenges that abuse victims face when they are forced to comply with visitation. Whatever the situation, our seasoned Wheaton divorce lawyers will fight to protect your rights and safety while still preserving security and best interests of your child. Schedule your personalized consultation with our Wheaton family law attorneys to learn more. Call 630-462-9500 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000