If My Former Spouse Refuses to Let Me See My Kids, What Can I Do?

What Can I Do If My Spouse Won't Let Me See My Child?

Wheaton Family Law Attorneys Discuss Parenting Time Interference in Illinois

After a divorce, nothing is more important than the time you get to spend with your children, regardless of whether you are the custodial or non-custodial parent. Parenting plans are a top priority in divorce decrees, and it is important to ensure that there is no ambiguity with custody and parenting time once a divorce is finalized. If your former spouse is violating the parenting time order within your divorce agreement, contact a family law attorney immediately.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand how much you value your time with your children, and we will pursue immediate legal action against anyone who unjustifiably impedes your ability to see them in accordance with your parenting agreement. This crime is not taken lightly, and repeated violations can result in severe penalties, including restrictions on the parental rights of a parent who has interfered with your parental rights. In some cases, your ex could even potentially be held in contempt of court, which can result in penalties that may include significant jail time.

Some parents believe they can withhold visitation if the other parent is behind on child support payments. The law clearly says that this is not the case. Parenting time and child support are two separate issues, and neither can be used as a tactic to force a parent to comply with the other. If your ex has refused to let you see your children because you have failed to pay child support, you should take immediate action to address this and avoid any harm to your relationship with your children.

Parenting Time Interference

Illinois law says anyone who violates parenting time provisions is guilty of a petty offense, which is punishable by a fine of up to $1,000, possible probation of up to six months, restitution to the victim, and court supervision. Any further interference after two previous instances may lead to a Class A misdemeanor charge, and if your ex is convicted of this offense, they may be sentenced to up to one year in jail and be required to pay a $2,500 fine.

The law contains three provisions under which a court may decide someone justifiably interfered with a child visitation agreement:

• The individual did so to protect the child from imminent danger, and that the action was reasonable considering the perceived threat.
• The act occurred with the mutual consent of all parties who have a right to custody and visitation.
• The act was justified by law.

To pursue a parenting time interference case, it helps to have an accurate, truthful log of all events related to the act(s) in question. A family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you compile evidence that supports your claim, which can help a judge determine whether an illegal action took place. If you successfully demonstrate that your ex has unreasonably interfered with your parenting time, modifications to your parenting plan may be put in place that will allow you to have more time with your children, give you more rights regarding parental responsibilities, or put restrictions in place during the other parent's parenting time.

Contact a Wheaton Child Custody and Parenting Time Lawyer

As long as your child is safe with you, no one has the right to interfere with your parenting time. If your ex-spouse does so, act quickly and let Mirabella, Kincaid, Frederick & Mirabella, LLC handle your case to ensure proper court action and future adherence to the visitation order laid out in your divorce agreement. Contact a DuPage County divorce attorney at 630-665-7300 for an Initial Attorney Meeting.

Is Protecting Privacy Important in a Divorce?

Using Restraining and Protective Orders

Your privacy is very important in a divorce, and it is imperative that you take action to protect yourself. Divorce proceedings are public, and all documents filed in court generally become part of the public record. You may be able to limit the public release of sensitive information through restraining orders and protective orders. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you understand what types of information could be made public during your case, what steps you can take to protect your privacy, and how you can ensure that the correct procedures will be followed as you disclose information and present documents in court.

Protecting Private Information

During the process of your divorce, you will likely be required to provide a significant amount of personal and otherwise private information to your spouse and his or her attorney. Most such information is exchanged during discovery. Disclosures may include information about bank accounts, credit cards, investments, business interests, real estate property, mortgages or other loans, tax returns, and retirement accounts or pensions. As you share these records or take steps to uncover relevant information, you, your spouse, and your attorneys can make sure important financial details are kept private while maintaining the proper security for data that is transferred digitally.

Once you reach the courtroom, however, your divorce proceedings will be open to the public. Documents and data presented at trial are typically made available for public viewing as part of the public record. If this information contains account numbers, your children's Social Security numbers, business trade secrets, or other sensitive details, it may be in your best interest to take steps to protect your privacy. Your attorney can advise you on what types of information should be included in court documents and when sensitive information may be kept private to avoid identity theft or other issues.

Your lawyer can also provide guidance on what steps you can take to make sure your spouse will not disclose or misuse information about you and your children. In some cases, you may want to request a financial restraining order that will prohibit both parties from selling or transferring certain assets, and this order can also prevent the release of any information that could lead to negative consequences for you or your children. If there are any concerns about safety, your attorney can request a protective order that will prohibit your spouse from taking any actions that could cause you to suffer financial harm or put you at risk of being injured.

Helping Maintain Your Privacy

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that the disclosure of certain data to the public can not only be embarrassing, but it can also be very damaging. Fortunately, you can petition the court for a restraining or protective order that could limit your exposure. Our experienced attorneys will work with you to keep your information private and ensure that your rights are fully protected along the way.

Your divorce should represent the beginning of a new and hopeful future, not a source of new problems and concerns that could last a lifetime. Our skilled divorce attorneys are committed to providing responsible, honest representation to help you navigate the often complicated process.

Contact Our DuPage County Divorce Lawyers

To learn more about protecting your privacy in divorce, contact our office. Call 630-665-7300 to schedule a confidential consultation today. From offices in Wheaton, IL, we are proud to serve clients in and around DuPage County, Kane County, and Kendall County.

Is There Any Way I Can Prevent or Restrict the Other Parent From Having Parenting Time?

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.

Can I Represent Myself in a Divorce

Can I Represent Myself in a Divorce?

An Experienced Attorney Can Prevent Costly Mistakes

According to Illinois law, you have the right to represent yourself in a proceeding for divorce. The process, however, can be very complicated and involves much more than simply completing a few forms. An experienced attorney can help you better understand the implications of your decisions and prevent you from making costly mistakes along the way.

If you were handed a set of tools, a pile of materials, and blueprints and asked you to build a home, would you be capable producing the same quality house as a professional contractor? While you have the right to build yourself a home, doing so could be a dangerous endeavor with unpredictable results. The same is true regarding your divorce, especially since you only have one chance to get it right.

Dangers of a Do-It-Yourself Divorce

With countless resources available online that offer advice about divorcing without an attorney, the process may seem easy. Many such resources, however, are often not as reliable as they may seem. In addition, the circumstances of your divorce may be much more complex than you initially thought. A single mistake along the way is all it takes to potentially cost you thousands of dollars in lost property, spousal support, and other considerations. When you represent yourself in divorce, you may even risk compromising your rights regarding your children.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand why you might consider representing yourself during your divorce. Our experienced attorneys also realize that you may be concerned about money and the costs of hiring a lawyer. The expense of retaining legal counsel, however, often pales in comparison with what you could potentially lose by making mistakes in your divorce. While you may think you cannot afford a lawyer, we believe that you cannot afford to proceed without one.

To learn more about the divorce process, contact our office today. Call 630-665-7300 for a confidential consultation with an experienced divorce lawyer at MKFM Law. We are proud to serve individuals and families in DuPage County, Kane County, and Kendall County.