In Illinois, public policy generally favors liberal visitation, as visitation is a right not a privilege and because courts generally believe the child's best interests are served by having a relationship with both parents. However, a custodial parent can seek to place restrictions on a non-custodial parent's visitation. Restrictions in visitation can include a prohibition of overnights or a requirement that visitation occur in the presence of a third party (supervised). In order to restrict the non-custodial parent's visitation rights, the custodial parent has the burden of demonstrating that regular visitation would seriously endanger the child's physical, mental, moral or emotional health. This is where the child's age would come into play.
It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only.Ask a similar question
Sign up to receive a 5-part series of useful information and advice about child custody law.