What Is Abuse of Allocated Parenting Time in Illinois?

 Posted on June 25, 2024 in Child Custody / Allocation of Parental Responsibilities

IL family lawyerAbuse of allocated parenting time occurs when one parent interferes with the other parent’s designated time with a shared child. This may be done to prevent the other parent from gaining access to the shared child, or it may be done because one parent is angry at the actions of the other.

Regardless of how it occurs, abusing and interfering with allocated parenting time can have serious consequences. If this occurs in your child custody situation, you will need the assistance of a skilled Illinois child custody lawyer to help you ensure your parenting time is shared according to your divorce agreement.

Understanding Abuse of Allocated Parenting Time

Illinois takes child custody issues seriously, and abusing allocated parenting time can result in both criminal and civil legal issues. In general, abuse of allocated parenting time occurs when one parent does not uphold or adhere to the child custody arrangements that were agreed upon when a divorce was finalized.

Whatever the reasons are for a parent to abuse or interfere with allocated parenting time, the court takes this behavior seriously, and you may be able to pursue any of the following remedies in court to stop your co-parent from interfering with your child custody arrangements.

  • A fine may be issued to the non-complying parent.
  • The court may hold the non-complying parent in contempt for violating the child custody arrangement.
  • The court may add additional restrictions or terms for the non-complying parent’s allocated parenting time.
  • One or both parents may be required to attend a parenting course or counseling, typically paid for by the non-complying parent.
  • The court may order extra parenting time for the complying parent equal to the time lost due to the non-complying parent’s actions.

You may be able to pursue additional remedies against your co-parent if needed, and a lawyer can help you navigate the potential remedies available for abuse of allocated parenting time.

What If My Child Does Not Want to See Her Other Parent?

Sometimes, a parent may interfere with the other parent’s allocated time on his or her child’s behalf. This is typically done when the child has stated that she or he does not want to see his or her other parent. However, a parent cannot cancel his or her child’s scheduled time with the other parent unless there is serious evidence to do so, such as evidence of abuse or neglect. Simply allowing your child to stay home and not visit the other parent, even if you have the best intentions in allowing this to happen, can result in serious legal consequences.

That said, if your child has outgrown the parenting time schedule originally agreed upon in your divorce, you may need to work with a lawyer to modify your child custody arrangement to better suit your child’s needs.

Contact a St. Charles, IL Child Custody Lawyer

If your ex-spouse is interfering with the time you are supposed to spend with your shared child, you will need the help of a knowledgeable Kane County, IL child custody attorney. Your attorney can help you explore your options and pursue a remedy to this interference in court.

At Shaw Sanders, P.C., our attorneys provide compassionate, skilled representation to every client. We know just how important it is for you to receive your allocated parenting time with your child. Call 630-584-5550 for a free consultation.

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