When the court imposes a visitation schedule, you may have no qualms about what the court has deemed in the best interests of the child. However, it can be incredibly frustrating when your ex-spouse consistently violates the order. If your ex refuses to comply with the visitation order and has prevented you from spending time with your child, it’s crucial to understand your rights. Please continue reading as we explore what you should know about these matters and the importance of connecting with an experienced Peoria County Child Custody Lawyer to navigate these difficult times.
What is Visitation?
In child custody cases in Illinois, the court prioritizes the best interests of the child, which takes precedence over parental preferences to ensure the child’s overall well-being. Although joint custody is typically favored by the court, ensuring the child maintains relationships with both parents, the court will consider various factors to determine the most appropriate custody arrangement given the unique circumstances of your case.
When joint custody is not possible, the court may still believe that the child could benefit from maintaining a relationship with their parent and thus will grant visitation. This provides the non-custodial parent the right to spend time with their child. You should note that visitation differs from custody. Custody encompasses both legal and physical custody, whereas visitation specifically refers to the time spent with the child by the non-custodial parent.
If My Ex Won’t Comply With Visitation, What Can I Do?
When a former partner violates a court-ordered visitation schedule, it can significantly hinder your bonding time with your child and cause considerable distress. In these circumstances, your first step should be to meticulously document every instance of non-compliance. This is crucial as it can serve as evidence of a pattern of behavior for the court, such as repeated late drop-off that cuts your allotted time or the outright denial of visitation. Afterward, it may be helpful to try communicating with your ex to see if the issues can be resolved as a simple misunderstanding. These violations might be unintentional and simply due to chronic tardiness.
However, if the problematic behavior persists or communication efforts don’t resolve the situation, you have the option to file a motion with the court to enforce the existing order. This will ensure your ex follows the court’s requirements. Failure to comply can result in penalties like fines, sanctions, and even modifications to the custody arrangement if compliance cannot be achieved.
At Butler Giraudo & Meister, P.C., we understand that being unfairly denied your court-ordered time with your child is disheartening. As such, it’s vital to seek advice from a knowledgeable attorney who can help you understand the legal options available when your ex refuses to comply with the visitation order in place. Contact us today to learn how we can fight for you.
