Denying the Other Parent Access to Your Child

 Posted on April 05, 2016 in Visitation

We all get angry from time to time and, often, we want to some sort of action against the person or entity who made us angry. This feeling is especially true for parents who have already managed to cope with the harsh realities of a divorce, separation, or break-up. If you are a recently-divorced parent, you are probably all too familiar with how it feels. You and your child’s other parent divorced for a reason—many of them, most likely—and there is a good chance that he or she will continue to behave in ways that make you very upset. At times, you will probably be tempted to keep him or her away from your child. While you are certainly entitled to your feelings, it is important to keep in mind that inappropriately restricting the other parent’s access to your child can create problems, not only for the other parent but for you as well.

Child Support and Parenting Time

Under Illinois law, child support considerations are made, in large part, without regard to how much parenting time each parent is allocated. From a subjective standpoint, of course, a parent who is more intimately involved with the child’s life may be granted a little more leeway in meeting his or obligations compared to a completely absent parent. Regardless, you do not have the right to dictate the other parent’s parenting time even if he or she is behind on child support. You have the right to petition the court for enforcement actions or to legally restrict parenting time, but if you deny the other parent access without the court’s approval, your own parental responsibilities and parenting time could be jeopardized.

Safety of the Child

Simply not liking the other parent or disapproval of his or her actions is not enough to justify restricting his or her access to your child, if such access was formalized in an agreement or court order. There are, on the other hand, situations in which taking action on your own is reasonable, but they are relatively rare. If you believe your child is in imminent danger from the other parent, you have the right to take reasonable steps to protect him or her. Then, you should work with an attorney to bring the issue to the attention of the court to be handled as appropriate.

Get the Assistance You Need

If the behavior of your child’s other parent has you concerned about the safety of your child, contact an experienced Lombard family law attorney. Our knowledgeable team can help you analyze your situation and explore your available options for taking action. Call 630-426-0196 to schedule a confidential consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000