Parental Rights of Sex Offenders in Illinois | How Do Sex Offenses Impact Child Custody?

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain the parental rights of sex offenders in Illinois and answer the question, “how do sex offenses impact child custody in Illinois?”

How is Parenting Time and Responsibility Determined in Illinois?

When determining parenting time and responsibility in Illinois, courts weigh a number of factors in order to determine the parenting plan that will be in the best interests of the child, including the wishes of the parents and the child, the child’s adjustment to school and community, and the child’s previous relationship with each parent. One of these factors that the court weighs is sexual offenses by either parent or anyone cohabiting with either parent.

For more on how courts determine parenting time and responsibility in Illinois, check out our article: Illinois Parenting Laws 2019.

How Do Sex Offenses Impact Child Custody?

If a parent’s parenting time will seriously endanger the child’s physical, mental, moral or emotional health, Illinois courts will restrict that parent’s parenting time in order to protect the child. The fact that one parent or someone living with the parent is a sex offender does not automatically trigger a restriction on parenting time. Rather courts will look into the…