How Can I Make My Ex Comply with Our Illinois Parenting Plan?

 Posted on September 16,2024 in Child Custody

Parents in Illinois leave their divorce proceedings with an enforceable parenting plan. This document outlines exactly how they will split their parental rights and responsibilities. A recent case involving a mother scheduling important therapy for her daughter during the father’s parenting time emphasizes how serious Illinois courts consider the violation of a parenting plan. If your ex is keeping you from exercising your parental rights, there are several steps you can take to receive the court’s help in enforcing your agreement. An experienced Naperville, IL family law attorney can help you navigate this process and protect your relationship with your child.

What Happens When a Parent Violates the Parenting Plan?

In Illinois, what is commonly known as "custody" is officially called "parental responsibilities." This includes parenting time, otherwise known as visitation, and the responsibility to make important decisions that can affect the child. By signing their divorce decree, both parents commit to upholding their end of the agreement, but what happens when one parent violates it?

Life sometimes gets in the way of our plans. Without meaning to, you could easily arrive late to drop your child off, forget to write a schedule change down on your calendar, or wake up feeling sick on a day you were supposed to do something important for your child. These mistakes are not typically considered a violation of a parenting plan, but a recent case out of Chicago highlights what can happen when the plan is violated.

A mother scheduled important at-home therapy for her daughter during the father’s parenting time. While the father initially agreed to this, it began cutting out a large portion of his time with his daughter. He refused to let it continue, so the mother filed an Emergency Motion against him to have their parenting plan modified. With the help of an experienced legal team, the father argued that his decreased time with his daughter could damage his relationship with her. The court agreed, ordering the mother to honor the original parenting schedule.

While it might be intimidating to seek the court’s help, it can be worthwhile. With a trusted attorney by your side, you can navigate the process of enforcing your parenting plan.

Schedule a Free Consultation with a Naperville, IL Family Law Attorney

If your ex keeps you from being with your child during your appointed parenting time, speak with a seasoned Naperville, IL custody lawyer. This can be frustrating and upsetting, but you do not have to deal with it alone. At Pesce Law Group, P.C., we are dedicated to helping families move past challenges and reach their best outcomes. Call us at 630-352-2240 for a free consultation.