What Constitutes Illinois Child Custody Interference?

 Posted on July 24, 2024 in Child Custody

Illinois statutes regarding child custody interference make it unlawful to "deprive another person of his or her rights to visitation, parenting, time, or custody time." The first two violations of the statute are petty offenses, but a third violation is a Class A misdemeanor with maximum penalties of up to 364 days in jail, a fine of up to $2,500, mandatory court assessments, revocation of the offender’s driver’s license, or up to two years of court supervision.

Child custody interference occurs when one parent deprives the other parent of custody or visitation time. A parent may refuse to return the child, hide the child, or even remove the child from the state. While these are overt examples of child custody interference, the practice can be much more subtle yet still have devastating consequences. A parent dealing with child custody interference should keep careful records detailing instances of interference and should speak to a knowledgeable Naperville child custody attorney from Law Office of Ronald L. Hendrix, P.C..

 Criminal Interference Versus Justifiable Issues

There are genuine excuses for delivering a child late or otherwise interfering with a parent's custody or visitation time. Problems with a child’s co-parent do not always rise to the standard of criminal interference. Financial problems, traffic issues, difficulty booking travel for the child to visit the other parent or legitimate activities of the child can all be valid reasons to change visitation schedules. In these instances, clear communication with the other parent is essential to avoid last-minute surprises and allegations of custody interference. Deliberate violations of parental visitation or custody are a different matter and can include such things as:

• Repeatedly and deliberately bringing the child to the other parent’s home hours late.
• Telling the parent repeatedly that the child is "sick" and must miss visitation time.
• Refusing to give a child letters or gifts from the other parent.
• Regularly asking a child to spy on the other parent.
• Interfering with regular communication with the other parent by not allowing the child to call or text or telling the other parent the child is not available.
•  Making false allegations about the safety of the other parent’s home.
• Repeatedly booking activities for the child that interfere with a parent’s visitation times.
• Secretly relocating with a child (a clearly overt example of parental interference).

A tactic known as "dance-card booking" is much less obvious but can still deprive the other parent of time with the child. Dance-card booking occurs when a parent signs their child up for as many activities as possible with the goal of limiting the time the child spends with the other parent. While this may not rise to the level of criminal prosecution, it could warrant a family court contempt citation, although dance-card booking is more difficult to prove.

How Does Custody Interference Affect a Child?

While the impact custodial interference can have on the parent being deprived of time with their child is significant, an even more concerning aspect is the effect on the child. Children thrive on stability, and it is important that a child spends time with both parents to develop a loving, supportive relationship.  It can be confusing for a child when their relationship with the other parent is consistently disrupted.

Consistent parental interference with custody or visitation can result in feelings of disloyalty, sadness, insecurity, and guilt. Disrupting the bond between a parent and child can have long-term adverse effects on the child’s emotional well-being. Prioritizing the needs of the child over the emotions and feelings of the parents is essential for the child's stability.

Contact a Will County, IL Child Custody Attorney

Your attorney will be able to assess the situation and offer viable options whether you are the parent accused of interference or the parent dealing with custody or visitation interference. Perhaps there are valid reasons for interfering with visitation that relate to your child’s safety.   Whatever your issue, having an experienced DuPage County, IL child custody attorney by your side ensures the matter will be handled properly. Illinois prioritizes interference cases, often hearing the case within days or weeks rather than months. Contact Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 to schedule a free consultation with a knowledgeable attorney.