Is Supervised Parenting Time Right For Your Family?
In certain situations, supervised parenting time may be the only safe way for a parent to see their child. This may come about by agreement, or more likely via a court order based upon a finding by the court that one parent has acted in a way that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development. 750 ILCS 5/603.10(a). The statute does not specifically define “serious endangerment” so the argument must be made to persuade the judge that the behavior rises to this high standard to restrict parenting time through requiring supervision.
Since a finding of “serious endangerment” is required in order for a judge to have the authority to order supervised parenting time, oftentimes litigation must ensue where one party provides evidence of the reasons as to how the minor children would be seriously endangered absent supervision. Some reasons for the requirement of supervision may include substance, physical, or mental abuse that affects the children. Oftentimes, when one part has been the primary caregiver and the other parent has not had parenting time without the other parent present in the past, supervised parenting time might be appropriate. In these circumstances, supervised parenting time could occur to ensure that the other parent is capable of caring for the minor child/ren without further assistance. Another option are “step up” parenting time schedules, where one parent starts out with a specified amount of time, for example after school for a few hours, and then over time gradually receives more parenting time, such as overnights. Absent an agreement, or even with an agreement to have supervised parenting time, it is more likely than not that a Guardian ad Litem (GAL) will be appointed by the court or GAL’s will investigate the details of a case to deem if supervised parenting time is necessary or recommended to continue for a specified period of time.
Supervisors come in various forms: a trusted family member or friend, a paid individual, a center that offers free services. A trusted family member or friend is always a good option for a supervisor. This often makes the parties feel more comfortable because they know the person in the room with them. This can often make the child feel more comfortable as well because they already trust the supervisor. However, if the concern is whether or not a party is capable of adequately caring for the minor child without additional help, a family member may not be the best choice if they were serve more of a “babysitter” role than a supervisor role. If this is not an option for your situation, there are paid individuals who can step in and act as a supervisor. This can often be a good solution to if neither party can agree on a family member or friend as a trusted third party, or there are no nearby family members who could assist in this capacity. These individuals are paid to be there, and have the necessary experience to act as a third party during supervised parenting time, and will serve in more of a background role, observing the party instead of intervening to assist in the care of the child.
If affording to pay for a supervisor is a concern, Cook County offers some supervised parenting time centers on their website that are free to low income families. Midway Connections Metropolitan Family Services offers supervised visitation services to all ages of kids. Apna Ghar is a program that focuses specifically on South Asian populations and immigrant communities. Mujeres Latina en Accion is another program that offers bilingual services in Spanish and Portuguese. You can learn more about these programs at cookcountycourt.org.
Whether it be a trusted family member or friend, paid individual, or free help center, supervised parenting time may be the best decision for you and your family. The Law Office of Erin M. Wilson is available to consult you regarding whether supervised parenting time may be right for your family and provide referrals to supervisors that our office has used in the past. Contact The Law Office of Erin M. Wilson LCC to schedule a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.