Visitation

Protecting Your Right to Visitation

Chicago area Child Custody Attorney

In Illinois, if parents do not choose shared custody, one parent will be designated the residential (or custodial) parent and the other parent will be granted visitation (also called parenting time). There are several times when a non-residential parent will benefit from assertive legal counsel and representation:

• During a child custody hearing as part of a divorce or paternity case, a non-custodial parent needs an advocate to negotiate or fight for them in court to ensure a fair and workable visitation schedule
• When there is a problem with an existing custody and visitation order and a parent needs to seek a modification of an existing order
• When a custodial parent is denying visitation in violation of the court order or joint parenting agreement and the non-custodial parent needs help enforcing an existing order

Non-custodial parents, often fathers, do have rights. If you need legal help to protect your father's rights or custodial parental rights under Illinois law, contact the Oak Brook law office of Kathryn L. Harry & Associates, P.C.

The firm's family law attorneys help parents resolve disputes in court as well as in alternative dispute resolution processes, such as negotiation, mediation or the collaborative law process. The firm's lawyers are advocates for the best interest of your child, working with you as the parent to develop a child custody and visitation agreement that serves the child and family best.

Illinois Visitation Interference Laws

Fathers' rights are often trampled when a custodial mother withholds visitation because of another problem, such as a late or missing child support payment. Child support is a completely separate issue from visitation. A custodial parent cannot legally withhold visitation without good cause; if they do, in violation of a custody order, they may be held in contempt of court.

The purpose of visitation is to allow the parent and child to maintain a close, caring relationship. Visitation interference is a potentially serious problem.. If the custodial parent won't address it, a judge will. Visitation interference is a crime in Illinois.

Parental Relocation and its Impact on Visitation

If a custodial parent is relocating with a child, the court will consider the effect of this relocation on the visitation rights of the other parent. They may require the custodial parent to pay travel costs or grant the non-custodial parent additional parenting time, or a change in visitation schedule. Removal of children by the residential parent from the State of Illinois is a common situation. Pursuant to the Illinois Marriage and Dissolution of Marriage Act, the custodial parent is required to seek the court's approval before making such a move. Often times, the residential parent remarries and the new spouse is located out of state or at other times a parent has the need to take a job out of state due to a declining job market locally. The family law attorneys at Kathryn L. Harry & Associates are knowledgable in the case law that applies to these situations. As a result, they are effective litigators. The divorce attorneys pride themselves in the ability to create innovative solutions and provide their clients with excellent drafting skills which are reflected in Joint Parenting Agreements and Removal orders.

Grandparents' Rights

In Illinois, grandparents can also petition the court to protect their rights to visit a grandchild. Learn more about grandparents' rights.

The family lawyers at Kathryn L. Harry & Associates, P.C. do their best to keep the children out of the middle of child custody battles and to make the transition as easy and fair as possible. Contact their Chicago area law office at 630-472-9400 to discuss your child custody case in a free initial consultation.

For more information please visit our Child Custody Information Center.