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.
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:
Such actions not only contravene the court order but also disrupt the child’s routine and emotional stability.
If you find yourself dealing with parenting time interference, taking prompt and appropriate action is essential. Here are a few steps you should consider:
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.
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.
Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.