When parents get a divorce or were never married, they often wish to share custody of their children. Laws regarding child custody and visitation, officially called the allocation of parental responsibilities and parenting time, are outlined in Section 750 of the Illinois Compiled Statutes. A parent who wishes to share custody of a child must do so within the bounds of the court-ordered parental allocation judgment/agreement. Withholding parenting time from the other parent can potentially have severe consequences.
Custody Agreements Are Legally-Binding
Generally, divorced or unmarried parents have a allocation of Parental Allocation and Parenting Time Agreement that is submitted to a judge. After this agreement is approved, it becomes a legally-binding document. Parents who fail to follow the rules in the document can be considered to be in violation of the court order. Typically, one parent is designated as the parent with the majority of parenting time. Withholding parenting time from the other parent or not returning the child on schedule can result in legal consequences including contempt charges. When a parent refuses to comply with a Parental Allocation Judgment, there can be even more serious consequences. A parent who consistently does comply with the order or moves a child without notifying the other parent can have their parenting time restricted and even lose it.
How to Address Problems with Parenting Time or Parental Responsibility
Never take family law matters into your own hands. Failure to comply with Parental Allocation Judgments can endanger your own parental rights. If major problems with a parenting plan or schedule arise, they must be addressed through the Illinois family court system. The parent who feels the parenting time schedule has been compromised should always petition the court, preferably with the help of a family law attorney, to have the schedule enforced as it stands or petition the court to make changes to the parenting plan to better address their needs.
What to Do If You Are Worried for Your Child’s Safety
Some parents may withhold parenting time because they are worried for their child’s safety. If this is the case, get your child to a safe place first. Then, immediately notify the court with jurisdiction over your case of the situation. The court will schedule a hearing to give both parents the opportunity to present their case. If the court determines that the other parent is a danger to the child, his or her parenting time can be restricted.
Contact an Illinois Custody and Visitation Attorney
For sound legal advice about the allocation of parental responsibilities or parenting time issues, call the experienced DuPage County custody and visitation lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC, at 630-665-7300.
Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7
