The Effects of Parental Undue Influence on Custody and Visitation

 Posted on January 08, 2026 in Family Law

Separation and divorce can be very difficult for children. The way parents treat one another can make a huge difference in how a child processes the parents' separation. If negative feelings between parents continue after a divorce, some parents may do something called "parental undue influence."

If you have recently gotten divorced and are worried that your child’s other parent is influencing them against you, contact our Kane County family law attorneys right away.

What is Parental Undue Influence?

In some divorces, one parent may try to manipulate a child's thoughts and feelings about the other parent in negative ways. The parent might speak badly about the other parent, tell lies about them, or pressure the child to take sides. This is called "parental undue influence." It is closely related to "parental alienation," and it can cause serious psychological damage to children.

If you believe your child is experiencing parental undue influence in 2026, having an Illinois lawyer to help you understand your legal options is important. Illinois courts take these situations seriously because of the lasting damage they can cause.

How Can I Recognize Parental Undue Influence? Can it Affect Custody Cases in Illinois?

Recognizing the signs of parental undue influence is not only about how the child acts. It also means watching what the influencing parent does. Common issues include sharing inappropriate details about finances or adult issues with the child. Other red flags can include:

• Preventing the other parent from making important decisions about the child's education or medical care

• Hiding information about the child's activities, school performance, or health

• Creating excuses to cancel or skip the other parent's parenting time

• Speaking negatively about the other parent in front of the child

• Making the child feel guilty for wanting to spend time with the other parent

• Suggesting that the other parent does not love the child

• Asking the child questions about whether a stepparent could adopt them 

• Acting sad or jealous when the child talks about having fun with the other parent.

These behaviors can cause serious problems for children, including anxiety, depression, low self-esteem, and confusion about family relationships. Children may also struggle with trust and forming healthy relationships later in life. This is why Illinois courts take parental undue influence so seriously.

What Can Illinois Courts Do About Parental Undue Influence?

If parental undue influence is proven, Illinois judges have several options, like modifying custody arrangements. If there is evidence that a parent is emotionally harming the child, the court might order supervised visitation so the child can have more protection while still having a relationship with their parent. In cases where undue influence continues after court action, judges may significantly reduce or suspend the influencing parent's parenting time.

The exact term "parental undue influence" is not used in Illinois law, but courts understand that these behaviors harm children. Courts are required by law to act in the child’s best interests, and under statute 750 ILCS 5/602.7, judges can change the "allocation of parental responsibilities" if the current situation is proved to be bad for the child. This means both decision-making authority and parenting time can be affected.

Therapeutic Solutions

When undue influence has damaged the relationship between a child and a parent, courts may order "therapeutic reunification." This means working with mental health professionals to fix the parent-child relationship. The goal is to help the child develop a healthy relationship with both parents.

Criminal Charges for Visitation Interference

In some situations, parental undue influence can be charged as criminal behavior, especially if a parent has a history of repeatedly interfering with the other parent’s visitation rights. Illinois law treats visitation interference as a crime under 720 ILCS 5/10-5.5. The offending parent may be charged with a Class A misdemeanor.

Sometimes a parent may be trying to keep their child from the other parent because they believe the child is in danger. If this is the case and they are accused of undue influence, they may be able to defend against it. Remember that these cases need immediate court intervention, not taking matters into your own hands.

What Should You Do if You Suspect Parental Undue Influence?

If you believe your co-parent is trying to damage your relationship with your child, the best thing to do is keep careful track of any evidence you find. Write down dates, times, and specific incidents. Save text messages, emails, and voicemails that show the pattern of behavior. Also take note of any statements your child makes that seem off.

In the meantime, try to maintain your relationship with your child. Avoid placing them in situations where they feel forced to pick sides. Let them know they are loved by both you and your coparent. Do not speak negatively about the other parent in front of or to your child, even if the other parent is doing this to you.

Call a Kane County Family Law Attorney Today

Dealing with parental undue influence is complicated. These cases need careful planning and good evidence. If you believe your child's other parent is trying to turn your child against you, or if they are consistently ignoring the rules of your custody and visitation case, your best option is to connect with a good St. Charles, IL child custody attorney. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 for an initial attorney meeting with our experienced family law lawyers. We serve clients throughout the Chicago suburbs from our offices located in DuPage, Kane, and DeKalb Counties. Contact our attorneys today to schedule your initial attorney meeting.