If an Illinois parent endangers a child’s mental, emotional, moral, or physical health, he or she is considered a threat to the child’s safety and can be denied parenting time or responsibilities. If the parent is a convicted sex offender, the court may terminate his or her parental rights. Abusing family members, addiction to alcohol or other drugs, or living with a convicted sex offender are other situations that can result in parental rights denial.
When Can a Parent’s Parenting Time or Responsibilities Be Denied in Illinois?
Committing or Threatening Physical Harm to a Child
If a parent threatens or commits violent acts, such as hitting a child, the court can restrict the parenting time of that parent. The other parent can file a civil lawsuit for child abuse against that parent.
Abusive Parent
An Illinois court may restrict rights to parenting time or responsibilities of a parent who abuses a child, the child’s other parent, or any other family member. The court often makes this decision when it believes that the abuser is likely to use the parenting time as a chance to abuse the child.
A Sex Offense Conviction
A parent convicted of a sex offense against a minor may lose rights to parenting time and responsibilities. A child custody lawyer who is familiar with handling child custody and visitation issues can assess the case, gather sufficient evidence, and present a strong case that will convince the judge to deny that parent’s rights to parenting time or responsibilities.
Living or Cohabiting with a Convicted Sex Offender
A parent wishing to reside with a sex offender must notify the other parent before actualizing the decision. If the other parent is not comfortable, he or she can move the court to challenge that decision. The accused parent can work with a child custody lawyer in defending against the claims that his or her roommate is a threat to his or her child. The court will assess the nature of the sexual offense and the facts of the case before deciding what action serves the child’s best interest.
Abusing Alcohol or Other Drugs
Abuse of alcohol and other drugs can lead to parenting agreement modifications. The outcome may be reduced, restricted, denial or termination of the addicted parent’s parenting time and responsibilities. A court can allow the modifications because it considers the addicted parent incapable of making reasonable decisions regarding the upbringing of the child.
