When two parents decide to file for divorce, there are a lot of factors to consider in order for the divorce to be smoothly finalized. Parenting time and visitation rights are only two of several factors to which both parents must agree.
However, when one parent does not cooperate with the other parent, complications can arise and a court may have to issue an order to establish the terms of visitation and parenting time.
Visitation and Parenting Time and How Can it be Abused
Parenting time decisions include where a child goes to school, what religion he or she practices, and what type of medical care he or she receives. However, when a parent violates his or her visitation rights or parenting time provisions of a court order, he or she thus commits the offense of unlawful visitation or parenting time interference. Hence, if one parent intentionally prevents the other parent from his or her rights to visitation or parenting time, he or she has committed the offense (unless it is determined that the parent had an valid defense).
What Are the Legal Complications of Unlawful Visitation or Parenting Time Interference?
Any parent who commits unlawful visitation or parenting time interference for the first time is guilty of a petty offense. However, after two convictions of unlawful visitation or parenting time interference, the offending party will be guilty of a Class A misdemeanor.
When a parent commits the offense of unlawful visitation or parenting time interference, a law enforcement officer will issue to that parent, in writing, a notice to appear in court. The information will include the name of the parent and his or her address, the nature of the violation or offense, and it will be signed by the law enforcement officer, who will then request that the offending party appear in court. If the offending party does not appear, a summons or warrant of arrest could be issued.
Contact Your DuPage County Family Law Attorney
If you are going through a divorce and are in a dispute with your spouse regarding parenting time and visitation, a compassionate Wheaton family law lawyer can help. Attorney Anthony Abear has been practicing divorce and family law for almost two decades. He established his own firm in 2003 with the intent to provide the best service to his clients. He is always available to assist you with your case. If you have any questions regarding violations of parenting time and visitation rights, please call Abear Law Offices at 630-904-3033 for your free initial consultation.