Supervised Visitation (Parenting Time) in Illinois

What supervised visitation means in Illinois

Supervised visitation means a parent's time with the child happens with another approved adult present, under a court order. Illinois courts can order it to protect a child: "supervision" is one of the orders the court may enter when it restricts a parent's responsibilities, and it can include ordering the Department of Children and Family Services (DCFS) to exercise continuing supervision (750 ILCS 5/603.10(a)(2)).

Supervision is a restriction on how parenting time happens. It is not the same as losing all contact with your child, and the order can be written to fit the specific risk the court found.

Parenting time is the current term for visitation

Illinois law now uses "parenting time" for a parent's time with a child. The statute defines parenting time as the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities for the child (750 ILCS 5/600(e)). The Circuit Court of Cook County Domestic Relations Division lists "Parenting Time (Formerly Visitation)" among the matters it hears. Many people still search for "supervised visitation," so this guide uses both terms.

When a court can order supervised parenting time

A court can order supervised parenting time when, after a hearing, it finds by a preponderance of the evidence that a parent engaged in conduct 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 court then enters the orders necessary to protect the child.

The presumption that both parents are fit

The starting point is that both parents are presumed fit. The court does not place restrictions on parenting time unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral or emotional health (750 ILCS 5/602.7(b)). A parent asking for supervision needs evidence that meets that standard. Disagreements about house rules or a new partner, without more, usually do not.

The serious endangerment standard

The standard looks at the effect on the child. Situations that lead parents to ask for supervision include substance use during parenting time, violence or threats in the home, abuse or neglect, or a long absence from the child's life. Whether any of them meets the standard depends on the evidence. Parents often bring records such as police reports, DCFS findings, medical or school records, messages and testimony. The court decides what weight to give each one.

When the court allocates parenting time, it considers the best-interest factors in Section 602.7(b), including the occurrence of abuse against the child or another member of the child's household (602.7(b)(14)). It does not consider a parent's conduct that does not affect that parent's relationship to the child (602.7(c)). For the full allocation process, read allocation of parental responsibilities in Illinois.

Who supervises, and where visits happen

The court order names the supervisor or the kind of supervisor, and it sets where and when visits happen. Read it closely before the first visit, because the order's own terms control.

Common arrangements include:

• A relative or family friend both parents accept, who agrees in writing to follow the order.
• A professional supervisor or a supervised visitation center, which may charge fees and set its own rules for check-in, conversation and gifts.
• Supervision through DCFS, when the court orders the department to exercise continuing supervision.

A supervisor generally stays within sight and hearing of the parent and child and may take notes. If the supervisor's notes may be used later, behave as if the judge will read them. Arrive on time, keep the visit focused on your child, and do not discuss the case, the other parent or the court process with your child.

Supervised exchanges and other restrictions

Supervision does not have to cover the whole visit. The court can order that exchanges of the child between the parents happen through an intermediary or in a protected setting (750 ILCS 5/603.10(a)(3)). That can help when the risk is conflict between the parents at pickup and drop-off rather than the visit itself.

Section 603.10(a) lists other protective orders the court may enter, alone or together. They include:

• reducing, eliminating or otherwise adjusting a parent's decision-making responsibilities or parenting time;
• restraining a parent's communication with, or proximity to, the other parent or the child;
• requiring a parent to abstain from possessing or consuming alcohol or non-prescribed drugs while exercising parenting time and within a specified period before it;
• restricting the presence of specific persons while a parent is exercising parenting time;
• requiring a parent to post a bond to secure the child's return;
• requiring a parent to complete a treatment program, for example for perpetrators of abuse or for drug or alcohol abuse; and
• any other constraints or conditions the court deems necessary for the child's safety or welfare.

Following the order matters for everyone involved. A person granted parenting time or visitation can have it revoked if that person knowingly uses the time to arrange contact between the child and a parent who has been barred from contact, or to arrange contact that violates court-ordered restrictions (603.10(c)). For how these orders can come up after a DUI, see DUI and child custody in Illinois.

Asking for supervision in an emergency

If a child is in immediate danger, call 911 first. Then talk with a lawyer about an emergency motion asking the court to restrict or supervise parenting time until a fuller hearing can be held. Courts look for specific facts: what happened, when, who saw it, and what records exist. Write those details down while they are fresh.

Our guide to emergency motions to restrict parenting time explains how those requests work, and our emergency child custody page describes how the firm handles urgent parenting cases. If a court has appointed a guardian ad litem, share your concerns with that person too; see what a guardian ad litem does.

Changing or ending supervision

To change or end supervision, a parent asks the court to modify the order. Unless the order itself sets an end date or steps for lifting supervision, it stays in place until the court changes it.

The court may change a restriction order after a hearing if it finds, by a preponderance of the evidence, that the change is in the child's best interests. The change must be based on new circumstances since the order, or on conduct the court did not know about before that seriously endangers the child (750 ILCS 5/603.10(b)). In deciding, the court must consider factors that include abuse, neglect or abandonment of the child; abuse of another person that affected the child; use of drugs or alcohol in a way that interferes with caretaking; and persistent interference with the other parent's access to the child.

A parent hoping to lift supervision should build a record: completed programs, consistent attendance at visits, clean test results if testing was ordered, and supervisor notes. A parent opposing the change should gather evidence of any new concern. For the broader process, see our page on changing a custody order.

Getting help with a supervised parenting time request

The firm can help you ask for supervision, respond to a request for it, or seek to change an existing order. Chicago Family Attorneys handles family law only, for clients in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

Limited scope help covers drafting from $500 and one hearing appearance from $1,200. Full representation is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See child custody and parenting time fees. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618, or visit our Chicago child custody lawyers page.