Can I Restrict My Former Spouse's Parenting Time?

Wheaton Family Law Attorneys Discuss Child Visitation Restriction Allowances

In an ideal post-divorce world, a parent has nothing to worry about when their child visits the other parent. Unfortunately, it does not always work out that way, and sometimes, a parent has to make the decision to protect their child from an unsafe situation. While Illinois law is strict when it comes to parenting time interference, it does make allowances for dangerous situations. If you believe that your child may be at risk of harm, you will want to understand what steps you can take to protect them.

Mirabella, Kincaid, Frederick & Mirabella, LLC understands the stress you face if you are concerned about your child's safety whenever they spend time with your former spouse. If you suspect physical or mental abuse, drug or alcohol addiction, or other serious problems that put your child at risk, you have legal options. However, you will want to avoid doing anything that could violate the law. If you act in a way that is considered to be unreasonable, you could face penalties that may affect your own parental rights.

While making quick decisions in emergency situations is understandable, the best course of action you can take is to contact an experienced family law attorney and law enforcement before you attempt to prevent a visit between your child and your ex-spouse. If you fail to do so and act on your own, the other parent may retaliate with a contempt of court charge. Instead, you want maximum protection and representation in place to take swift legal action.

Allocation of Parental Responsibilities and Parenting Time Modification

While Illinois law protects the rights of parents, ensuring that the other parent will not interfere with their parenting time, it also provides recourse for legitimately concerned parents who fear for the well-being of their child. The Illinois Marriage and Dissolution of Marriage Act states that parenting time (formerly called visitation) is allowed unless it "would endanger seriously the child's physical, mental, moral or emotional health." If you have a reason to believe that your child's health, safety, or well-being may be at risk, you are allowed to deny parenting time. However, when disputes related to these issues arise, you will need to have evidence showing that your actions were based on the reasonable belief that you were acting to protect your child.

With the help of an attorney, you can make an official request to restrict your ex's parenting time or make modifications to your parenting plan. To make a change to parenting time or the allocation of parental responsibilities (formerly called legal custody), the court must see convincing evidence that your child's health or safety is threatened. While parenting time and custody can be denied to a parent who endangers a child, if a parent takes action to prevent a visit without sufficient proof of a dangerous environment, their custody may be challenged as well. Unjust denial of parenting time may result in make-up visits or a complete change in the allocation of parental responsibilities. Your lawyer can help you prevent this from happening, and they can advocate for solutions that will protect your child's best interests.

Contact a DuPage County Child Custody Lawyer

If you believe your child's safety is not guaranteed when they visit your former spouse, do not delay in taking necessary action to ensure their safety. Mirabella, Kincaid, Frederick & Mirabella, LLC can help you act immediately to seek a modification to custody and visitation. Contact a Wheaton, IL family law attorney at 630-665-7300 for an Initial Attorney Meeting.