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Wheaton family law attorneysWhen 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.

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DuPage County family law attorneysIn just a short time, school-aged children throughout Northern Illinois will be exchanging their textbooks for sunscreen, as summer vacation will soon be upon us. For their part, many parents are also looking forward to a summer filled with family gatherings, day trips, and outdoor adventures. Parents who share parenting time with a former spouse or partner, however, may have to do a little extra planning before they can truly enjoy the warmer months ahead.

What Does Your Parenting Time Plan Say?

If you are subject to a child custody order—also called a parenting plan—the order may spell out summer specifics in regard to parenting time. For example, your plan may explicitly state that your children will be with the other parent for the duration of the summer break, especially if you have primary residential responsibilities during the school year. Other plans may split parenting time during the summer the same way it is divided during the non-summer months. In more casual situations, you may even have the freedom to make parenting time arrangements on a week-by-week basis with the other parent.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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