Anderson & Boback Logo

Restricted or Supervised Visitation

Categorized as Child Custody & Visitation, Family Law

I was watching a television show over the weekend that depicted a family where the parties, who were divorcing, had two minor children.  The mother told the father that she was going to “sue him for sole custody” and that he would “never see his children again” because he had come into some hard times financially and lied to his wife about their financial circumstances.  The depiction in the television show of custody, as a whole, couldn’t be further from accurate.  First of all, when the Court determines whether parties should be awarded joint versus sole custody, they look at what is in the best interests of the children and weigh specific factors in making that determination.  Typically, incidents involving the parents that do not have a direct impact on the children are not considered.  Certainly the parties’ financial shortcomings and dishonesty towards each other would not be something that would be considered when a custody determination was made.  Additionally, the television show mistakenly represents that if one party has “sole custody” that the other party won’t have visitation with the minor children.  This also couldn’t be further from accurate.

These mischaracterizations and misuses of family law in television and movies lead potential clients to believe that they can ask for something that they really are not likely to obtain, in most circumstances.  “Supervised” or “restricted” visitations are some of these things that are often misrepresented on television or in movies.  Additionally, suspension of visitation is often misrepresented.  In the state of Illinois, in order to stop visitation between a parent and a child, the party requesting the suspension has the high burden of proving that “visitation would endanger seriously the child’s physical, mental, moral or emotional health.”  This is a very high burden to prove and is not successfully proven except in extreme circumstances.  It is not likely to be the case, as in the television show, that the father wouldn’t see his children again due to his lying to his wife about their financials…at least in the state of Illinois.  The take away here is that people say a lot of things when they are angry at each other and are contemplating divorce, and the media has mis-educated the American public about a lot of these issues and how they play out in real life.  It is best that parties consult with an attorney prior to making blanket statements about custody and visitation to their spouse, and our office is experienced in custody and visitation issues.  We are happy to set up a consultation.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870