Forced Visitation: Can the Court Force My Child to Spend Time with Me?

 Posted on October 23, 2015 in Child Custody

When child custody arrangements are drafted, they are drafted with the goal of giving the child a sufficient amount of time with each parent in order to maintain his or her relationships with them. One of the factors used to determine an appropriate custody schedule is the child's relationship with each parent. With adolescents, the child's preference may be factored into the court's decision as well.

So what happens when a young man or woman decides that he or she does not want to spend time with one of his or her parents? Does the court have the right to require that he or she spend time with that parent despite his or her lack of desire for a relationship?

The answer is not so simple. At first glance, a deviation from your set child custody schedule may be considered to be contempt of court under the Illinois Marriage and Dissolution of Marriage Act. On the other hand, a custody arrangement is meant to promote your child's best interests – when your child has a good reason for not wanting to spend time with your former partner, the court may consider this and determine that the child should not have to spend time with his or her other parent.

Why Does Your Child Not Want to Spend Time with Your Former Partner?

This is the question that you, your former partner, and the court need to examine to determine whether a modification to your child custody order is appropriate. Is your child simply rejecting his or her other parent because that parent is strict or lives far from your child's friends, or is there a greater issue at play, like your child is being neglected in the other parent's home? If it is the latter, the court will likely grant a requested custody modification and reevaluate whether your former partner is fit to have shared custody or visitation time.

When the issue is simply your child rebelling, you need to step in and tell him or her that it is unacceptable for him or her to refuse to spend time with a parent. No matter what your relationship with your former partner is like, it is important that you protect his or her interests as a co-parent. Do not use your child's surly behavior as a way to “get back at” your former partner or attempt to take sole custody.

Reach a Solution with an Illinois Family and Divorce Attorney

Child custody and support issues are rarely easy to resolve. When there are negative emotions and feelings of favoritism at play, they just get harder. Fortunately, you can work with the court to resolve your custody issues and develop an arrangement that allows your child to have a positive relationship with both parents. Sometimes, this requires a modification to your original custody order. Contact an experienced Kane County family attorney at Goostree Law Group to schedule your initial legal consultation with our firm. We can help your family reach the child custody agreement that is best for your child.

Source:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000