Illinois law presumes that parents have the ability to adequately care for their children and provide a safe living environment. Consequently, anyone who has established parentage or paternity of a child is entitled to certain parental rights. Among these rights is the right to be awarded “parenting time” or time with the child. However, some parents will need to take steps to gain parental rights. Furthermore, some circumstances may lead to the restriction or termination of a parent’s parental rights.

When Does a Parent Have a Right to Visitation?

Parenting time, which used to be called “visitation,” is the time that a parent watches his or her child and cares for the child’s everyday needs. Divorced parents allocate parenting time in their parenting plan. However, in order to be entitled to parenting time, unmarried fathers may need to establish paternity. Paternity may be established by signing a Voluntary Acknowledgement of Paternity (VAP) upon the child’s birth or through a judicial or administrative process.

Parents may be subject to a parenting time restriction if there are concerns that normal parenting time may endanger the child’s health or wellbeing. Parenting time restrictions may include a reduction of parenting time, supervised visits, or, in rare cases, the total elimination of the parent’s parenting time.