NextLevel Law P.C

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

What is parental time abuse and how can it be solved?

On Behalf of | Sep 15, 2021 | Divorcio |

Often, the courts in Illinois will set out a custody arrangement between spouses. This can be done willingly or may be enforced if necessary. However, there are occasions where one parent will repeatedly violate an arrangement that has been put in place.

Such violations can be extremely disruptive for both parent and child. However, it is important to note that this may be illegal and there could be legal options open to you if faced with these circumstances.

Defining parental time abuse

 Life can be hectic at times, and it can be difficult to always keep an exact timing schedule. Often, parents who are trying to juggle employment and childcare will run late from time to time. This is to be expected and is not likely to be considered parental time abuse.

Parental time abuse would typically need to be a display of behavior that is completely defiant of custody arrangements on a routine basis. For example, one parent may regularly drop off the child several hours late (or early) leading to a complete disturbance of your schedule.

Additionally, a parent may arbitrarily decide to keep the child for an extra period of time or take them out of state without informing you. Such behaviors may qualify as parental time abuse and there could be legal recourse available to you.

How can parental time abuse be resolved?  

Parental time abuse can be challenged in the courts. If the judge finds that parental time abuse is present, they may order the accused parent to comply with the terms of the custody arrangement. Furthermore, they could allow you to make up for any parenting time that has been lost.

Moreover, if the abuse was particularly extreme, the courts could even seek to make changes to the custody arrangement. The other parent could even find themselves facing contempt of court charges and punitive actions.

Ensuring that your legal rights are protected in terms of child custody is very important. If you feel that the terms of your custody arrangement have been violated, there are options open to you.