If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised. If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request, although this may depend on your situation.

However, if there is no current court case, please get legal advice before you start a court case to ask for supervised visits. We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.

In the majority of cases, supervised visits are only a temporary measure. Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time – and if there are no obvious problems, the visits may likely become unsupervised. Oftentimes, at the end of a case, the other parent ends up with more frequent and/ or longer visits than s/he had before you went into court or even some form of custody.

In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to IL Finding a Lawyer to seek out legal advice.

A judge will make a decision about allocation of significant decision-making responsibilities (custody) based on what s/he thinks is in your child’s best interest.¹  The judge will look at any factor that s/he thinks is important to make this decision, including:

• the wishes of the parents;
• the child’s wishes, taking into account the child’s maturity and ability to express his/her own preference as to decision-making responsibilities;
• the child’s adjustment to his/her home, school and community;
• the mental and physical health of all individuals involved;
• the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
• the level of each parent’s participation in past significant decision-making with respect to the child;
• any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
• the child’s needs;
• the ability of the parents to cooperate in an arrangement made, taking into account the distance between the parents’ homes, the cost and difficulty of transporting the child between homes, and the daily schedule of each parent and the child;  
• whether a “restriction,” as defined by law, on decision-making responsibilities is appropriate; 
• the willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent;
• any physical violence or threat of physical violence by either parent against the child;
• any acts of abuse against the child or a member of the child’s household;
• whether or not either of the parents is a convicted sex offender, considering the exact nature of the offense and what treatment the offender has successfully participated in; and
• any other factor that the judge finds to be relevant.² 

The judge cannot consider conduct of a parent that does not affect that parent’s relationship to the child.³ 

¹ 750 ILCS 5/602.5(a)
² 750 ILCS 5/602.5(c)
³ 750 ILCS 5/602.5(e)

A judge will make a decision about parenting time based on what s/he thinks is in your child’s best interest.¹ The judge will assume that both parents are fit and will not place any restrictions on parenting time unless you can prove to the judge that parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.² The judge will look at any factor that s/he thinks is important to make this decision, including:

• the parents’ wishes as to parenting time;
• the child’s preference for parenting time, taking into account the child’s maturity and ability to express his/her own preference;
• the amount of time each parent spent performing caretaking functions with respect to the child in 2 years before the petition was filed for allocation of parental responsibilities/parenting time;
• any prior agreement or behavior pattern (“course of conduct”) between the parents relating to caretaking functions with respect to the child;
• the relationship the child has with his/her parent(s), his/her siblings and any other person that might significantly affect the child’s best interests;
• the child’s adjustment to his/her home, school and community;
• the mental and physical health of all individuals involved;
• the child’s needs;
• the ability of the parents to cooperate in a parenting time arrangement, taking into account the distance between the parents’ homes, the cost and difficulty of transporting the child between homes, and the daily schedule of each parent and the child;
• whether a restriction on parenting time is appropriate;
• any physical violence or threat of physical violence by either parent against the child or a member of the child’s household;
• any acts of abuse against the child or a member of the child’s household;
• the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
• the willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent;
• whether or not either of the parents is a convicted sex offender or lives with one; the judge will consider the exact nature of the offense and what treatment the offender has successfully participated in;
• the terms of a parent’s military family-care plan if a parent is member of the United Stated Armed Forces who is being deployed; and
• any other factor that the judge finds to be relevant.²

The judge cannot consider conduct of a parent that does not affect that parent’s relationship to the child.³

Note: A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child’s health and safety during that parent’s parenting time.⁴

¹ 750 ILCS 5/602.7(a)
² 750 ILCS 5/602.7(b)
³ 750 ILCS 5/602.7(c)
⁴ 750 ILCS 5/602.5(d)

Domestic violence:
When considering whether or not to award parenting time (visitation) and significant decision-making responsibilities (custody), a judge will consider any physical violence or threat of physical violence and any acts of “abuse” by the parent against the child or a member of the child’s household.¹ Abuse, for these purposes, is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.² However, there are also many other factors that a judge will consider when making a decision. Therefore, it is possible that a parent who has committed violence or abuse will get parenting time (visitation) and significant decision-making responsibilities.

Sexual abuse:
When considering whether or not to award parenting time (visitation) and significant decision-making responsibilities (custody), the judge will consider if a parent is a sex offender. The judge will also consider the exact nature of the offense and what, if any, treatment the parent has completed.³ However, again, this is just one factor among many that will be considered. Note: If a parent was convicted of any offense involving an illegal sex act committed against a minor, s/he cannot get parenting time while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense until the parent complies with whatever terms and conditions the judge may order. The judge will take into account the exact nature of the offense and what, if any, treatment in which the parent successfully participated.⁴

¹ 750 ILCS 5/602.7(c)(11), (c)(14); 750 ILCS 5/602.5(c)(12), (c)(13)
² 750 ILCS 5/600(a); 750 ILCS 60/103(1)
³ 750 ILCS 5/602.7(c)(15); 750 ILCS 5/602.5(c)(14)
⁴ 750 ILCS 5/603.10(e)

Generally, a judge will presume that a fit parent’s decisions about who sees the child are reasonable and not harmful to the child.¹ However, if you are one of the relatives who can request visitation under the law, you may file for visitation if you can prove:

1. the child is at least one year old;
2. the child’s parent has unreasonably denied visitation;
3. denying visitation with the child has caused the child unnecessary mental, physical, or emotional harm;² and
4. one of the following factors is true:

• The child’s other parent had died or has been missing for at least 90 days. The child’s parent may be considered missing if:
  • no one can determine the parent’s location; and
  • the parent has been reported missing to a law enforcement agency.
• One of the child’s parents is “incompetent as a matter of law.”
• One of the child’s parents has been in jail or prison for more than 90 days before you file for visitation.
• The child’s parents are divorced, and at least one parent agrees to let you have visitation with the child.
• *The child’s parents are legally separated, and at least one parent agrees to let you have visitation with the child.
• *One of the parents is part of a current divorce case or other court case involving parental responsibilities or visitation, and at least one parent agrees to let you have visitation with the child. This does not include the following cases:
  • the adoption of an unrelated child;
  • a case involving a child who has run away, refuses to return home, and requires court intervention for his/her own safety; or
  • a court case for a civil or criminal order of protection because of domestic violence.
• *If the child’s parents are not married and are not living together, then:
  • If you are the child’s grandparent or great-grandparent, the parent to whom you are related must have legally established his/her relationship to the child. For example, if you are related to the child’s father, the father must have legally established his paternity rights.
  • If you are the child’s step-parent, your spouse must have legally established his/her relationship to the child. For example, if you are married to the child’s father, the father must have legally established his paternity rights.³

Note: For the situations with asterisks (*), the visitation with the child cannot take away from the parenting time of the parent to whom you are not related.

¹ 750 ILCS 5/602.9(b)(4)
² 750 ILCS 5/602.9(b)(3)
³ 750 ILCS 5/602.9(c)(1)(A)-(E)

Even if you meet all of the circumstances and requirements that would normally allow a relative to file for visitation, you cannot file for visitation under the following circumstances:

• There is a petition pending to make the child a ward of the state; place the child under an order of protection; or terminate parental rights because the child has been abused, neglected, or dependent under Section 2-13 of the Juvenile Court Act of 1987.
• An unrelated person is petitioning to adopt the child under the Adoption Act, or an unrelated person has already legally adopted the child.
• The child has been voluntarily surrendered by one or both parents, unless the child was surrendered to the Department of Children and Family Services or a foster care facility.
• The child’s parents have given him/her up under the Abandoned Newborn Infant Protection Act.¹

In addition, the following criminal convictions will affect a relative’s ability to get visitation:

• If you have ever been convicted of committing an illegal sex act against a victim who is under 18 years old, you cannot get visitation while you are in jail or prison, or while you are on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release. You may also be denied visitation after you are released from the above conditions based on the factors a judge must consider when deciding visitation.²
• If you have ever been convicted of first-degree murder for killing the child’s parent, grandparent, great-grandparent, or sibling, a judge cannot grant you visitation. ³

¹ 750 ILCS 5/602.9(b)(2)
² 750 ILCS 5/602.9(e)
³ 750 ILCS 5/602.9(f)

Under the law, “relocation” has a different meaning depending on which county you live in and whether you are moving within Illinois or to another state.

• If the child’s primary residence is Cook, DuPage, Kane, Lake, McHenry, or Will county, relocation would be any move:
  • within Illinois that is more than 25 miles from the child’s current residence; or
  • to another state that is more than 25 miles from the current primary residence;¹
• If the child’s primary residence is in any other county, aside from those listed above, relocation would be any move:
  • within Illinois that is more than 50 miles from the child’s current residence; or
  • to another state that is more than 25 miles from the current primary residence.²

The distances listed above would be measured by an Internet mapping service to confirm their distance.³

To see what steps you need to take if you want to relocate, go to If I want to relocate with my child, what steps do I need to take?

¹ 750 ILCS 5/600(g)(1), (g)(3)
² 750 ILCS 5/600(g)(2), (g)(3)
³ ​750 ILCS 5/600(g)(1) - (3)

After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.