Assorted Visitation Topics

Counseling

Because requiring a non-custodial parent to participate in counseling is not a restriction, a trial court should apply the best interest of the child standard in determining whether to order the non-custodial parent to participate in counseling.  (In re Fields)

Custody Award

In custody proceeding, under the terms of custody order, the non-custodial parent would have authority over the children’s clothing, education and medical care and virtually no area of decisional authority was allotted exclusively to the custodial parent and, perhaps most significant, over a typical 14 day period, the custodial parent would have contact with his children for only two full days, plus two evening sessions and Sunday morning for church; this order was not an award of custody.  It was an award for visitation and clearly and unequivocally awarded authority for the children’s upbringing to the non-custodial parent which had no justification under the Act.  (In re Ivey)

De Novo Review

Because a temporary visitation order mean just that, particularly when a different judge presides at the hearing on the merits which will result in a permanent or final order, a trial court must conduct a hearing regarding permanent custody or visitation de novo; during the final hearing the court should consider all factors which relate to the best interests of the children.  (In re Fields)

Delegation of Duties

Trial court abused its discretion by delegating its responsibility regarding the modification of a father’s supervised monthly visitation schedule unless clearly authorized by law; courts have no power to delegate any of their duties.  (In re Stribling)

Entitlement

This section creates something of an entitlement to reasonable visitation.  (Lyons v. Lyons)

Evidence

Neither this section nor 750 ILCS 5/606 contains any language limiting the introduction of evidence to facts that have arisen since prior judgment.  (In re Fields)

Time Constraints

The two-year limitation against custdody modification does not apply to modification of visitation rights.  (Mueller v. Weis)

Non-Custodial Parent

In General

The Parentage Act (750 ILCS 45/1) does not incorporate this section requiring a court to award visitation to a non-custodial parent unless the court finds, after a hearing, that visitation would endanger seriously the child’s physical, mental, moral or emotional health.  (Illinois Department of Public Aid ex rel. Gagnon-Dix v. Gagnon)

See Also:

Best Interests of the Child in Visitation Cases

The Law

Visitation Schedules

The Standard Visitation  Schedule

Visitation Decisions Properly Allowed & Properly Denied

Visitation Case