Visitation Rights Violations

 Posted on August 21, 2015 in Child Custody

When the court determines that a joint custody arrangement for a couple's child is not in the child's best interest, it usually gives the noncustodial parent visitation rights with the child. Numerous studies have shown that children do best when they have consistent relationships with both of their parents, and in Illinois, family courts do their best to promote these relationships.

Sometimes, it is in the child's best interest to not have a relationship with his or her noncustodial parent. This is usually because there is a dangerous element present in that parent's home, such as open drug use or a household member with a history of domestic violence or abuse toward children. In cases like this, the court might attempt to facilitate a relationship between the parent and child through supervised visitation.

If a noncustodial parent violates his or her visitation order, he or she may face fines and other criminal penalties from the court. In cases where abuse or criminal activity occurs, that parent might lose his or her visitation rights with the child. Every case is unique. As a parent, it is important that you comply with all court orders regarding child custody and visitation. If you feel an order is unfair, work with your attorney to have the order modified through a court motion. Do not, under any circumstances, intentionally violate your custody or visitation order except for in extreme cases where you feel your child's safety is at stake. In a case like this, be prepared to defend your decision to violate the court order.

Examples of Ways Parents Can Violate Visitation Rights

The following are examples of ways parents can violate visitation rights:

• Keeping a child in excess of his or her allotted visitation time. This can result in a contempt of court order, which can lead to criminal charges. Similar offenses include failing to pick up or drop off the child at the designated time or place, attempting to visit or contact the child outside of one's allotted visitation time, or sending an unauthorized individual to pick up or drop off the child;
• Endangering the child's safety;   
• Committing an act of domestic violence against the child or another household member; and
• Taking the child out of state or out of the country without the other parent's approval. This can be considered to be parental abduction.    

Do not take a visitation violation lightly. Report every instance of violation to the local law enforcement.

Family Attorneys in Kane County

Goostree Law Group is here to advocate for you and your child following your divorce. Contact our skilled Kane County family attorneys today to discuss the circumstances you are facing with your custody or visitation agreement and determine whether they can be amended to promote a better relationship between you and your child. If we feel this is the case, we will work hard to have the court amend your child custody or visitation agreement. Do not wait to begin working on your case with us. Contact our firm today.