Parenting time is the term that has replaced “visitation,” and it basically means the time spent by a parent with the child. It is generally used to describe the time the child spends with the noncustodial parent.
If a couple can not agree to share joint legal custody of a child, then one parent becomes the noncustodial parent. On some occasions, especially if domestic abuse is an issue, the court will decide that one parent is not fit to have joint legal custody and will award one parent custody and the other will be given a parenting time schedule.
The Court Decides Who Gets Parenting Time
The court considers the best interests of the child, and then they decide to award parenting time accordingly. It is not in correlation with child support payments, paying more or less does not “buy” a parent more time with their child. On the flip side, even if a parent is not granted parenting time due to extenuating circumstances, child support payments will still be due.
Reasons Why a Parent May not Be Awarded Parenting Time
Basically, the court wants each parent to be able to spend time with the child, but if the child is considered to be in danger by visiting with the noncustodial parent, the court will not award any parenting time. There are several reasons the court may decide in this manner including:
- Being accused of physical, mental, or sexual abuse
- Having a murder or manslaughter conviction
- Having an assault conviction
- Having a kidnapping conviction or previously attempting to kidnap your child
- Being involved in the prostitution of a minor even if it was not your child
- Being convicted of neglect
- Being involved in terrorism
- Being convicted of stalking
Having convictions or a criminal record will not necessarily mean you will lose all contact with your child, but it can mean the court will order you to have monitored parenting time until such time as the court deems you are no longer a danger to the safety of the child.
If you are concerned about an upcoming custody battle, or you are a noncustodial parent who is seeking joint custody, contact the Law Offices of Michael C Craven to discuss your options. We are a family law office that specializes in child custody and child support. We have an office in Chicago, as well as suburban offices that serve clients in the Cook, Lake, Will, DuPage, Kane, and McHenry counties.
