Can an Illinois Court Enforce Parenting Time? 

 Posted on August 04, 2022 in Child Custody

Although most divorced parents in Illinois are eager to spend more time with their kids, a few parents are flaky or disinterested. While on the surface, this may seem like a great way for the other parent to get more time with the kids, in reality, it leads to frustrated plans and - even worse - disappointed children. If you are in this situation, you already know how hard it can be to deal with an ex who does not show up for his or her parenting time. The good news is that there are options for taking action. 

What is Parenting Time? 

Parenting time, formerly known as visitation in Illinois, is the schedule that describes each parent’s allotted time with their child. Usually, parenting time kicks in once a parenting plan has been established after a divorce, but parents who have never been married can create a court-ordered parenting plan as well. 

Illinois courts begin with the presumption that both parents are fit to spend time with their child, and absent evidence proving otherwise, will work hard to ensure both parents get parenting time. A great parenting plan allows both parents to maintain a warm relationship with their child while also having the structure and predictability to allow each parent to carry out their lives. 

Will a Court Take Away Parenting Time From a Non-Compliant Parent?

Unfortunately, some parents are chronically late or simply do not show up for their parenting time. The parent who ends up waiting around for the late parent wastes time and has to explain the situation to an upset child. If a parent is frequently late, it can be hard for the other parent to know what to do. Prepare the child for the visit, despite the fact that the other parent may not show up? 

If you are in this situation, do not wait before taking action. After your co-parent has been severely late or missed parenting time more than just a couple of times, have your attorney send them a letter warning them that you will not tolerate this behavior. Collect evidence to prove your ex is not following the parenting plan. 

If things do not improve, the next step is to go to court and file a Petition for Rule to Show Cause, informing the court that your ex is not following the parenting plan. Depending on the severity of the infractions, the reason why your ex is not adhering to the plan, and their interest in seeing the child, a judge may limit parenting time, make the parent pay for parenting classes or family counseling, or pursue other measures. 

Call a Naperville, IL Parenting Time Lawyer

If you need help enforcing any part of your Illinois parenting agreement, schedule a consultation with a Naperville parenting time attorney with Law Office of Ronald L. Hendrix, P.C.. We offer free, no-pressure case reviews so you can get a feel for our team and learn more about how we could serve you. Call us today at 630-355-7776. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000