×
Menu
Search

What to Do When You Are Denied Parenting Time

For divorced or separated parents in Illinois, a parenting plan is used to determine when each parent will have time with the child. This includes parenting time, or the concept previously known as visitation. When a parent is denied parenting time or a court order is violated, complex emotional and legal issues can arise. But it’s crucial to know that you have legal options to safeguard your relationship with your child and assert your parental rights.

Understanding Parenting Plan Violations

Illinois courts no longer use the term “custody” to refer to how parental rights are divided. Instead, decision-making authority and parenting time are determined through a parenting plan, which can be determined by the parents themselves or allocated by court order. Courts recognize that children normally benefit from having a relationship with both parents and will seek agreements that encourage co-parenting and shared parenting time in most cases.

A parenting plan is a legally binding agreement that outlines the specifics of childcare arrangements, including parenting time schedules. Both parents are required by law to follow the terms of the agreement. Unfortunately, violations can occur in various forms. Common examples include:

  • A parent refusing to adhere to the scheduled visitation times  
  • Relocating with the child without obtaining the required consent from the other parent  
  • Deliberately scheduling activities during the other parent’s visitation period

Such actions not only contravene the court order but also disrupt the child’s routine and emotional stability.

Steps to Address Parenting Time Interference

If you find yourself dealing with parenting time interference, taking prompt and appropriate action is essential. Here are a few steps you should consider:

  • Communicate: Begin by trying to resolve the issue through direct communication with the other parent. Sometimes, misunderstandings can be clarified without legal proceedings.
  • Document the Violations: Taking legal action will require evidence that the parenting plan violations have happened repeatedly and are not a one-time incident. Maintain detailed records of each instance where visitation was denied. Note dates, times, and any communication attempts. This documentation can be crucial if court intervention becomes necessary.
  • Attend Mediation: Mediation can be an effective way to resolve disputes outside the courtroom. A neutral third-party mediator can facilitate discussions and help both parents negotiate a mutually agreeable solution.
  • Seek Legal Modification: If issues persist, you may need to request a modification of the existing parenting plan. This involves petitioning the court to reassess the current arrangements based on the ongoing violations.

Penalties for Visitation Interference

Illinois courts take visitation interference seriously, as it infringes upon the rights of both the parent and the child. Consequences for violating a parenting plan can range from fines and mandatory counseling to more severe penalties like a modification of parental rights or even contempt of court charges. These penalties aim to enforce compliance and protect the child’s best interests.

Seeking Legal Assistance

Facing parenting time interference can be an emotionally taxing experience, but remember, you are not alone. A family law attorney can provide you with the necessary support and representation, working to ensure that your rights are upheld and the best interests of your child are prioritized.

Understanding your legal options and taking decisive action can make a significant difference in addressing parenting plan violations. If you’re experiencing difficulties with your co-parenting arrangements, don’t hesitate to reach out for professional legal help. Together, we can work towards a resolution that supports your role as a parent and fosters a stable environment for your child.

share this post:
facebooktwitter

Blog Categories

Archives

Posts You May Like

When custody disputes arise in Illinois, it's natural for parents to wonder how much say their children have in the process. Can a child choose which parent they want to live with? The answer isn't…

Read More

Divorce is often a challenging and emotionally charged process. While many couples immediately think about heading to court, alternative options like mediation are worth exploring. But is mediation required in Illinois divorces? At Hammer Serna…

Read More

When a marriage starts to break down, the division of marital property is one of the most significant aspects of a divorce. This process can become even more complex if one spouse is accused of…

Read More

Get In Touch

Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.