Legal Question in Family Law in Illinois
Non Custodial parent not following custody orders
My husband and I resently one Sole legal and physical Custody of his child, the mother has visitation rights only. The mother has not been following the visitation schedule and has been bring the child back late and comming to pick her up two or three hours early. She is also doing things that she go against the parenting plan. For example she has the child call to change plans this is clearly prohibited in their parenting plan. What can we do about this? We have tryed talking to her about it but it has no affect. Can we take legal action? We are worried that this will have a negative affect on the child next school year.
1 Answer from Attorneys
Re: Non Custodial parent not following custody orders
Greetings! Certainly, in Illinois, the courts'
emphasis is on what is in the best interest of the child. Here, you have the option of filing
a petition for rule to show cause as to why mom should not be held in contempt of court for wilfully violating the terms of the parenting order. However, you need a lawyer. I do not recommend that you do this pro se! These situations can be complicated and the court may want to appoint a lawyer for the child (a guardian ad litem). I strongly urge you not to make any negative comments about mom in the presence of the child and if you can work it out, without going back into court......great! You might even propose to mom that the visitation time period be shifted to another part of the week, if this can make matters easier for all concerned. I will be happy to answer any more questions that you might
have.
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