Parenting Time Interference in Chicago Divorces: What You Need to Know if the Other Parent Violates the Parenting Plan or Custody Order

One of the most controversial and heated issues that routinely come up in Chicago divorces is child custody. Who the children will live with and will be physically cared for (physical custody) and who will make major life decisions for them on their behalf (legal custody) is not something that most parents give up lightly, and, in fact, is something that some parents fight over until the bitter end of the legal proceedings. Indeed, the fighting may not even stop once a child custody order and parenting plan are put into place, and may bleed into the child’s life even after the divorce proceedings are over. But what happens in Chicago under Illinois marriage and divorce laws when one parent violates a child custody order or parenting plan in contravention of the Court? To help Chicago parents who have been through a divorce better understand the crime of parenting time interference under Illinois laws, we discuss the answer to that question here.

Unlawful Visitation or Parenting Time Interference under Illinois Law in Chicago

Under Illinois Law, 720 ILCS 5/10-5.5, “Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time commits the offense of unlawful visitation or parenting time interference.” Simply put, the custody order or parenting plan set by the judge in the divorce or custody case must be followed by both parents. If one parent does not follow the plan, and keeps the child in their custody or care in violation of the order, they may be charged with the criminal act of unlawful visitation or parenting time interference. The penalty for such a crime is a petty offense. In addition, it is important to note that if a parent violates the parenting plan or child custody order and is convicted more than twice with the crime of unlawful visitation or parenting time interference, the parent may be charged with a class A misdemeanor for the multiple offenses.

What Chicago Parents Can do when the Other Parent Violates the Child Custody Order or Parenting Plan

When a parent violates a parenting plan or child custody order, it may not seem like a big deal at first to some parents, but the situation may escalate eventually into a non-custodial child abduction. In addition, the order from the court is the law of the case, and must be followed by all parties. If your ex violated the child custody order or parenting plan in your Chicago divorce and you need legal help, it is important to reach out to an experienced Chicago child custody lawyer as soon as possible about your rights, options, and next steps.

If you are in Chicago and you need legal assistance with your case, contact the experienced Chicago child custody lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC and speak to a lawyer about your rights and options today.