Illinois Visitation Law
In Illinois, every fit parent has the right to Visitation, also referred to as Parenting Time, with his or her children. Often one parent is designated as the custodial parent and the other parent is entitled to a specific schedule of time to spend with the children. The purpose of visitation is to promote a healthy relationship between the parents and the children. The court assumes that the parents are fit and that the maximum involvement of both parents is appropriate.
There is not one parenting schedule that is best for every family. Rather, the work/school schedules, needs and preferences of the parents and the children are essential to developing a workable solution. The skilled attorneys at Kathryn L. Harry and Associates P.C. use their past experiences and innovative ideas to help their clients to make informed choices when it comes to establishing a visitation schedule.
Illinois Visitation Interference Law
One of the most common post-decree problems is the enforcement of the parenting time schedule. Failure to comply with a visitation order is a criminal action subject to fine and possible jail time. Often times, the residential parent will deny the non-residential parent visitation rights because of a completely unrelated matter. Perhaps, a child support payment was late, or one parent is jealous of another parent and his/her significant other. In Illinois, child support and child visitation rights are two legally separate matters.
When Visitation is not Appropriate
It is imperative to act if a parent, school official, doctor, or babysitter suspects that visitation with one parent is not appropriate for the court to be made aware. Modification of a visitation schedule is possible. and any parent who violates the child custody and visitation agreement without cause can be held in contempt of court. The point of visitation rights is to promote a healthy relationship between the parent and the child, and if a parent won’t address that, then a judge will.
Either parent can benefit from legal counsel in a child custody dispute, whether the custody agreement needs to be determined or modified, or has been violated. If you need to protect your residential or non residential child custody rights, contact Kathryn L. Harry and Associates today for a free consultation to discuss your situation.
The non-residential parent, usually the father, can benefit from legal counsel in several situations, such as the following;
- During a child custody hearing, for a divorce or for a paternity case, the father should have an attorney to ensure he receives ample visitation rights and a fair schedule
- If there is a problem with the current visitation schedule or parenting situation, an attorney can help to put into place a new one that works better for the child. This is called a Modification of an Existing Order.
- Either parent is denying the other parents rights, whether the custodial parent refuses to allow the non custodial parent to see the child or the non custodial parent is refusing to return the child to their home. This is called Enforcement of the Existing Order.
In Illinois, grandparents can also protect their visitation rights to a grandchild. Kathryn L Harry and Associates is dedicated to finding a visitation schedule that suits your child and your family. Call us today to discuss your rights in a free, no obligation consultation.
If either of the parents in a shared custody agreement relocates, it can affect the visitation schedule and sometimes the custody agreement.
When the custodial parent relocates, with the child, the court will take the effects of the relocation on the visitation schedule into consideration. Moving children out of Illinois is common, but usually an agreement can be reached by either changing the visitation schedule, having the custodial parent pay for travel costs, or granting the non custodial parent additional parenting rights.
Whether the custodial parent is remarrying and their new spouse is out of state, the parent has to transfer to a new job because of a declining job market, or any reason they are choosing to move, according to the Illinois Marriage and Dissolution of Marriage Act, they must consult a judge before committing to the relocation.
Kathryn L Harry and Associates are trained attorneys, with experience working on all types of child custody cases. We find innovative solutions that will provide you, your child, and the rest of the family with what is best, now and in the future. Call today at (630) 472-9700 to discuss your unique situation in a free, no obligation consultation.