Calabrese Associates, P.C.

Call Us630-393-3111

4200 Cantera Drive, Suite 200 | Warrenville, IL 60555

naperville child custody lawyerIf your ex has not been following the child custody order or parenting plan that is in place, you may feel angry and frustrated. You want the child custody arrangement to go as smoothly as possible, but your ex refuses to cooperate. Although this is indeed a difficult situation, you can take steps to rectify it.

Common Examples of Child Custody Violations

Sometimes parents refuse to abide by a child custody order. This can make a difficult situation even more trying. Here are a few common examples of child custody violations:

  • Refusing visitation time to the other parent

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DuPage County family law attorneyIf you are a parent who is getting divorced, issues related to your children will be some of the most important matters that you will need to resolve. As you work to negotiate a divorce settlement with your spouse, you will create a parenting plan that fully details all decisions related to the allocation of parental responsibilities (child custody) and parenting time (visitation). The determination of how you and your spouse will divide the time that your children will spend in each of your homes will affect many other issues in your case, so you will want to make sure you have addressed this issue properly and made arrangements that will provide for your children’s best interests.

Common Parenting Time Arrangements

There are a multitude of different ways that parents can divide parenting time. When making these decisions, parents should consider the roles that they have played when caring for their children in the past, the feasibility of a proposed schedule, and how they can maintain consistency for their children and work together as co-parents to meet their needs. Some common ways of dividing parenting time include:

  • 50/50 schedules - If both parents have played equal roles in raising their children and providing daily child care, they may be able to maintain these roles by creating a schedule in which they will each have equal amounts of time with the children. In these cases, parents will need to make sure arrangements are in place for transporting children to and from school or daycare, and they will both need to have time in their work schedules to care for their children on a daily basis and on weekends. Parents may use a 2/2/3 schedule in which children stay at each parent’s home for two days during the week while alternating three-day weekends between parents, or they may alternate weeks with each parent or use other arrangements for sharing equal amounts of parenting time.

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How Divorced Parents Can Create a Happy Father’s DayFather’s Day is a special celebration for all dads and their children, but the holiday may take on added significance if you are a divorced dad. Many divorced fathers must work hard to maintain a close relationship with their children. Mothers are still more likely to receive a majority of the parenting time with the children, leaving fathers with only a few days with their kids each week. Father’s Day is an excellent opportunity for children to spend quality time with their divorced dad, and mothers should encourage their children to celebrate the holiday. Both divorced parents have a role in ensuring a happy Father’s Day for their children.

Flexibility

Your normal parenting schedule may conflict with a planned Father’s Day celebration. For instance, the children may normally spend part or all of Sunday with their mother. As long as you both agree, you can be flexible with your parenting schedule to allow the father to have more time with the children. You could agree to adjust your schedule so that the mother receives more parenting time on another day in exchange for time on Father’s Day.

Creative Solutions

There are situations where it is not feasible or practical for the children to be with their dad on Father’s Day. Long-distance travel is difficult right now because of the restrictions caused by the COVID-19 outbreak. When faced with obstacles to a traditional Father’s Day celebration, you can come up with creative solutions, such as:

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What Is a Parent’s Right of First Refusal in Illinois?The parenting time schedule that parents create during a divorce is the best estimate of what times of the week each parent will be available to care for the children. There are always special circumstances in which a parent may be unavailable during their normal parenting time. Maybe your job needs you to stay late or travel for a meeting. Your best friend may have invited you to their birthday celebration. You could become sick to the point that you temporarily cannot function as a parent. If your children are too young to care for themselves, you will be looking for another caregiver, such as a relative, friend, or babysitter. However, some parenting agreements include the right of first refusal, which requires you to offer your co-parent the chance to care for the children before anyone else.

How Do You Create the Right of First Refusal?

The right of first refusal is not implied in Illinois. Your parenting plan must state that each parent will have the right of first refusal, which you can add yourselves or a court could require. When parents cannot agree on the right of first refusal, a court may decide to include it in the parenting plan if it would be in the best interest of the children.

How Does the Right of First Refusal Work?

Each parenting plan has its own terms for when and how the right of first refusal will be activated, which either you or the court will define. Key factors you must define include:

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Solutions for Three Parenting Time ConflictsDivorcing parents would love to come up with a perfect parenting time arrangement – for their children’s sake if not their own. Unfortunately, plans are rarely perfect, and you may soon realize that your arrangement is not working out as you had hoped. You are allowed to modify your parenting plan, but only if one of the following is true:

  • It has been two years since the plan was last approved or modified.
  • There has been a significant change in circumstances for one of the parents or children.
  • Both parents agree to the modification.

Not every parenting time problem requires a modification to your plan. Here are three potential conflicts and ways that you can solve them:

  1. Your Children Are Struggling to Adjust: Splitting time between two homes is a major change for children that can cause them stress and make them uncomfortable. If you notice your child struggling with the change, talk to them about what is bothering them. There may be something missing from the new home that would make them more comfortable. A tweak in your parenting schedule could make the situation easier for them. Talk to your co-parent about your child’s problems and come up with a solution that works best for your child.
  2. Your Co-Parent Is Not Following the Schedule: Your parenting plan is a legal contract that you both must adhere to. Your co-parent is breaking that contract if they interfere with your parenting time by not dropping off your children when they are scheduled to. When you notice this problem, you should ask your co-parent why they are not sticking to the schedule. There may be a logistical issue that is delaying them, which you can work together on solving. If they do not have a reasonable explanation and the problem continues, you need to file a complaint in court in order to enforce your agreement.
  3. You Have Frequent Schedule Conflicts: When choosing your parenting time, it is important that your children are with you when you are available to spend time with them. Sometimes, unforeseen commitments will interfere with your parenting time. If your parenting time is consistently clashing with your work schedule, you may need to adjust one of them. Starting a new job is a significant change in circumstances that should allow you to immediately modify your parenting plan. If your children’s activities are conflicting with your parenting time, you need to work with your co-parent on a solution. Ask whether it is possible to become involved in your children's activities or if your co-parent is willing to adjust the schedule so that you are not losing as much parenting time.

Contact a Naperville, Illinois, Divorce Attorney

A parenting plan should be designed to serve the needs of your children and yourself. You need to change the plan if it is no longer doing that. A DuPage County divorce lawyer at Calabrese Associates, P.C., can help you create and modify a parenting plan. To schedule a consultation, call 630-393-3111.

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