FAQ Videos

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, to ensure there is no ambiguity with custody and visitation time once a divorce is finalized.

If your former spouse is violating the child visitation order within your divorce agreement, contact a family law attorney immediately.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand how much you value 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 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 is not the case. Parenting time and child support are two separate issues, and neither can be used as a tactic to force the other.

Parenting Time Interference

Illinois law says anyone who violates visitation 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 results in a Class A misdemeanor charge, punishable up to one year in jail and 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. An MKFM family law attorney can help you compile evidence that supports your claim, so a judge can determine if an illegal action took place.

Contact a Wheaton Child Custody and Visitation 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 MKFM Law 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.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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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