When Children Fight the Parenting Time (Visitation) Schedule - DuPage County Divorce Attorney | Bloomingdale Family Law Lawyers
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

When Children Fight the Parenting Time (Visitation) Schedule

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

Lombard Divorce Law Firm width=

Sticking to a consistent parenting time schedule may take a lot of effort on your part, but experts agree that having a predictable routine helps children feel more secure and confident. At some point, however, almost every child will put up a fuss when they have to pack up and shift to their other parent’s home. It is natural for a parent to feel conflicted in this situation. On one hand, you hate to do anything that creates undue stress for your child. On the other hand, if you do not comply with your parenting time order, you could be penalized by the court.

So, what should you do if your child strongly objects to going with their other parent when the parenting time schedule calls for it? There are several factors to consider, including the law, the age of the child and the behavior of the co-parent.

The law. When you have a court-approved parenting plan, you must make a child available to the other parent as scheduled and encourage the child to go. If your co-parent believes you are refusing to comply with the plan, they can file a court petition for the enforcement of allocated parenting time (750 ILCS 5/607.5). In addition to being required to give “make-up time” to your co-parent, you could be ordered to participate in counseling at your own expense, pay your co-parent’s legal and other expenses, and/or pay a fine to the court.

The age of the child. Assuming there is no issue with the other parent’s behavior toward the children, you need to, at a minimum, arrange for the children to be at the planned pick-up location at the planned time and have them packed and ready to go. With younger children, you generally just need to make them go with their other parent as the visitation schedule requires. You, as the parent, need to maintain control of the situation.

With older children, the court will at least consider the wishes of the child when making parenting time decisions. However, given the typical maturity of tweens and younger teens, the court will typically place a higher importance of maintaining the child-parent relationship than on the child’s preferences.

With 16- and 17-year-olds, the issue becomes more complicated. All you can do is encourage them to cooperate; you cannot physically force them. When older teens object to a whole week or whole weekend away from their friends and usual activities, talk to the child and your co-parent about non-overnight options for visitation that are less disruptive to a child’s usual activities.

The behavior of the other parent. Sometimes children are uncomfortable spending time at their other parent’s house for valid reasons. Minor issues--such as cleanliness of the home, provision of food, manner of discipline, or even the presence of a new romantic partner during visitation--may simply be discussed with your co-parent.

More serious issues may need to be brought to the attention of the court. For example, maybe the other parent has become abusive or neglectful, or perhaps the children are being exposed to non-relatives who are drinking excessively, doing illegal drugs, or exhibiting other inappropriate behavior in front of the children. If you believe your child’s physical, mental, moral, or emotional health is being impaired by the time they spend with their other parent, you can petition the court to restrict their parenting time (750 ILCS 5/603.10). The court will hear evidence and enter orders as necessary to protect the child.

A Lombard Parenting Time and Visitation Lawyer

Children of any age can have objections to the parenting time schedule for a variety of reasons. If you think their reasons are valid, and you want to modify the existing parenting time schedule despite the co-parent’s objections, consult a DuPage County parenting time attorney to discuss the appropriate steps to take. Call Mevorah Law Offices LLC at 630-932-9100 for a free consultation.

Source:

https://www.womansdivorce.com/child-refuses-visitation.html

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

 

Latest Blog Posts

Archives

  • DuPage County Divorce Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted