As a parent, few situations are more painful than being wrongfully denied time with your children. If your ex is blocking your parenting time, know that you have legal rights and options available to you. Steps you may be able to take include:
- Review your parenting plan to confirm your legal rights under Illinois law
- Document every violation of your court-ordered parenting time
- File a petition to enforce your existing custody order
- Seek a modification if circumstances have significantly changed
At Goodman Law Firm, attorney Cameron H. Goodman has over 20 years of experience helping Illinois parents protect their relationship with their children. These are some of the most common ways that parents denied parenting time can take action.
Understanding Illinois Parenting Plan Laws
In Illinois, child custody matters are governed by court-approved parenting plans. This document outlines each parent’s rights and responsibilities, including a detailed schedule for parenting time, and is legally binding once approved by a judge. If your ex is refusing to follow your established parenting plan, it is not just a personal conflict. It has become a violation of a court order.
Enforcing Court Orders for Parenting Time
A court order is not a suggestion. When one parent refuses to comply, the other parent has the right to seek legal enforcement. Steps to take include:
- Attempt mediation. Try to talk things through with your ex to see if there are any misunderstandings or ways to find a solution outside of court.
- Document every denial. If discussions fail, start keeping a detailed record of each missed exchange or similar violation, including dates, times, and any written communication.
- Consult a family law attorney. An experienced attorney can assess your situation and advise on the strongest course of action.
- File a petition. A legal filing can be used to ask the court to enforce the order or hold the non-compliant parent in contempt. A contempt finding can result in fines, make-up parenting time, or other consequences.
- Request make-up parenting time. Illinois courts can order additional parenting time to compensate for denied visits.
Acting promptly in these circumstances matters. The sooner you document and address violations, the stronger your case can be if needed.
Modifying Custody Agreements
Sometimes, denied parenting time signals a deeper problem that requires a formal modification to the custody arrangement. Under Illinois law, a motion to modify generally cannot be filed within two years of the original order unless there is reason to believe the child’s current environment poses a serious risk to their mental, moral, or physical health, or significantly impairs their emotional development. If this threshold is met within the two-year mark, or if there is a substantial change of circumstances after the first two years, the court will again apply the best interests standard to determine whether a modification serves the child.
Protect Your Parenting Rights With Goodman Law Firm
Denied parenting time is a serious matter, but you are not out of options. You can take steps toward resolution, including discussing the matter with your co-parent, reviewing your parenting plan, documenting violations, filing petitions to enforce your order, or seeking modifications if appropriate.If you are in this difficult situation, Attorney Cameron H. Goodman is ready to help you protect your relationship with your children. Contact Goodman Law Firm today to schedule a consultation.
