Should You Ever Refuse Parenting Time Issued by the Court?

 Posted on April 16,2021 in Child Custody & Allocation of Parental Responsibility

Not all divorces and separations are amicable and they do not always result in the desired outcome. In fact, when children are involved, few do. The allocation of parental responsibilities and parenting time (previously referred to as child custody and visitation) is a contentious and emotional issue, as the court’s decision will affect the child and both parents for years to come.   Co-parenting requires a couple to find some grounds for cooperation and mutual understanding when, in reality, neither of those two factors was strong enough in the relationship to make it last in the first place. So how do you deal with it now? 

For some parents, the task of entrusting their child to a partner they do not believe is fit to be a guardian is too much to bear, and they may wonder if they can simply refuse to allow parenting time to continue. If you are heading down this path or need legal counsel to re-address custody or visitation rights, contact the family law attorneys at our office as soon as possible, we can help guide you in the right direction.

Your Parental Rights Could be in Jeopardy

If you go against a court-ordered decision, such as disallowing legal parenting time to your child’s other parent, you may be in jeopardy of losing your own parenting privileges. If a parent is denied legal parenting time, they can call the local police to have the court order enforced, contact the district attorney, or file an action for contempt. If you are taken to court, you may lose your custodial rights.

This scenario is one of many reasons for the court to reconsider its original decision regarding parenting time, as it demonstrates that the interfering parent may not have the child’s best interests at heart. An interfering parent may be seen as someone who corrupts the image of the other parent. This can be done by making false allegations, such as physical or sexual abuse. These types of allegations can inadvertently result in the interfering parent to loose their own custody or visitation.

What If the Other Parent Is Not a Fit Guardian?

The court makes decisions regarding the allocation of parental responsibilities and parenting time based on the best interests of the child. Only when the child’s physical health or emotional development are seen to be in serious jeopardy will the court take away these rights from a parent. If you fear for your child’s safety and/or emotional well-being when they are with the other parent, do not interfere with the current parenting schedule by blocking parenting time. Instead, contact a family law attorney immediately who can assist in filing a post-decree modification to request the court change the current parenting plan.

Let a Kane County Parental Rights Attorney Help

If you are having issues with your child’s other parent regarding your parenting rights or parenting time, you need a skilled St. Charles, IL family lawyer advocating for your family. Call Weiler & Associates, Inc. at 630-331-9110 to schedule a confidential consultation and find out what legal options you may have.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000