Burden of Proof

Trial court properly placed the burden on the mother to overcome the presumption that the father would be entitled to visitation and it properly concluded the mother fell short of proving that visitation was not warranted pursuant to 750 ILCS 5/607 as there was no evidence of endangerment.  (Jines v. Jurich)

Where mother petitioned for temporary custody, which was granted, and prior to the final hearing, the parties stipulated that mother would have sole custody, the trial court did not err by placing burden on mother as custodial parent, of proving, visitation with father would seriously endanger the children.  (In re Fields)

The custodial parent bears the burden of proving by a preponderance of the evidence that visitation with the non-custodial parent would seriously endanger the child.  (In re Diehl)

See Also:

Enforcement of Visitation 

Modification of Visitation

When Should You Request a Modification to Your Visitation Order