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 their 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, there is an allowance for dangerous situations.
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.
While a quick, emergency decision 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. If you fail to do so, the other parent may retaliate with a contempt of court charge if you act on your own. Instead, you want maximum protection and representation in place to take swift legal action.
Allocation of Parental Responsibilities and Visitation Modification
While Illinois law protects the rights of parents from parenting time interference, 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 parenting time (formerly called visitation) is allowed unless it "would endanger seriously the child's physical, mental, moral or emotional health."
To make a change to parenting time or the allocation of parental responsibilities (formerly called custody), the court must see convincing evidence that your child's health or safety are threatened. While visitation 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.
Contact a DuPage County Custody and Visitation 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. MKFM Law can immediately seek a modification to custody and visitation. Contact a Wheaton, IL family law attorney at 630-665-7300 for a free consultation.