What If My Ex Refuses to Follow the Parenting Time Schedule?
Getting divorced is a major life transition that can require many adjustments. One of the biggest challenges that divorced parents face is adapting to parenting time schedules. Parenting time means the time a parent spends with his or her child, or what other states call physical custody. In Illinois, parents who want to get divorced are ordered by a court to adhere to a parenting time schedule. The details of the schedule are laid out in a document called a parenting plan and describe how physical custody will be divided between the parents during the school year, vacations, and holidays.
Occasionally, emergencies happen or the day gets away and a parent may be late dropping the child off. However, if a parent consistently ignores or refuses to abide by the parenting time schedule, it is considered a violation of a court order. If your ex is failing to honor the schedule set out in your parenting plan, consult an Illinois parenting time attorney.
What Is a Parenting Schedule Violation?
Everyone has the occasional off day and newly divorced parents often have trouble adjusting to a parenting time schedule. It is not uncommon, therefore, for a parent to occasionally forget it is his or her day to pick up the child or for another parent to be late dropping the child off. Such instances are not likely to evoke a harsh response from a court.
However, repeated willful violations of the schedule may be a reason to take legal action. Examples of such violations include:
- Consistently failing to appear for pickup
- Repeatedly keeping the child past the prescribed time
- Purposefully picking the child up from school on the other parent’s days
- Taking custody of the child during the other parent’s assigned holiday or vacation time
In cases like these, your attorney may take legal action on your behalf.
What Can I Do If My Ex Ignores the Parenting Time Schedule?
If your co-parent is violating the parenting time schedule in the above manner, your attorney may be able to file a petition with the court. Your objective might be to modify the parenting plan to give you more parenting time, which requires the court’s approval. Or, your objective might be for the court to compel your co-parent to comply with the parenting time schedule. Discuss your desired goals with your attorney before you approach the court.
A judge might do one of several things:
- Change the parenting plan so that you have more parenting time
- Order your ex to reimburse you for any child care required due to his or her absence
- Compel your co-parent to abide by the schedule under threat of contempt of court
Contact a Will County, IL Parenting Time Attorney
Ignoring a parenting time schedule is a violation of a court order. Consult an experienced Joliet, IL parenting time lawyer about how you can respond to such violations. Let us help you create a legal strategy to make sure you and your child are getting the most out of your parenting plan. Schedule a free consultation with Reeder & Brown, P.C. by calling 815-885-5980 today.
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