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.