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Tag Archives: undue influence

parental undue influence, Illinois family law attorney, undue influence, psychological damage, child custody order, non-custodial visitation, visitation rights, visitation interference, children of divorce, children and divorceSeparation and divorce can emotionally and psychologically impact a child. The way parents treat one another can make a significant difference in how a child processes the parents' separation. In some cases, one parent may choose to take a “scorched earth” approach in attempts to destroy the relationship between the child and the other parent. A parent may even exert undue influence on a child by speaking badly about the other parent to ensure he or she receives sole custody. However, when this happens, the child can be left psychologically scarred. In response, a court may decide to end or severely limit the visitation rights of the offending parent.

Possible Criminal Charges

A parent's undue influence and consistent interference with visitation is known as parental alienation. Although Illinois courts may not use the term “parental alienation,” Illinois law does recognize that a parent can interfere with the other parent's relationship with his or her child. When a parent is guilty of visitation interference, he or she may even face criminal charges. These charges may be filed if a parent keeps or hides a child as a means to interfere with the other parent's visitation or custody rights. In addition, if a parent has a history of interfering, including prior conviction for unlawful visitation interference, he or she may be charged with a Class A misdemeanor. The offending parent's driver's or professional license may also be suspended.

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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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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree