Possible Punishment for not Facilitating Visitation

http://www.dreamstime.com/-image1800599Whether two parties are married or not, if they are involved in a court battle involving custody and/or visitation, they likely have to deal with a visitation or parenting time schedule.  Many parties will experience minor children not wanting to attend visitation with the “visiting” or “non-residential” parent.  Children do not typically like change, and a lot of children don’t like being away from their home.  This can make visitation exchanges particularly difficult.  Teenagers and very young children often have the most difficulty.  Teenagers, usually, want to be with their friends.  Whether their parents live together or apart, they would rather be with their friends than a parent.  This can make visitation difficult.  Younger children sometimes experience separation anxiety or homesickness when visiting with the other parent.  So, what happens if you don’t send your child with their other parent?

 There can be detrimental consequences.  First and foremost, some Judges will hold a parent in contempt of court for violating a visitation schedule, depending upon the circumstances.  Other Judges will hold a party in criminal contempt when there are repeated, unsubstantiated offenses of visitation withholding or abuse.  This could mean jail time for a parent that is not facilitating visitation.

 Perhaps worse, is the possibility of a modification of residential custody of the minor child or children.  It is imperative under the Illinois Marriage and Dissolution of Marriage Act that parents facilitate a relationship between the minor child or children and the non-residential parent.  A parent that fails to facilitate visitation with the other parent stands at risk of losing residential custody of the child or children, depending upon the severity and circumstances of the situation. 

Parents often wonder how they can help facilitate visitation when their children are reluctant to attend.  It is the same as anything else in terms of discipline.  You can make your kids do their homework and eat their vegetables, you should likewise be able to make them visit with the other parent.  Facilitating a relationship between your children and their other parent (assuming there is no danger in doing so) is one of the best things you can do to ensure your children healthy and are functional members of society.

One Response to “Possible Punishment for not Facilitating Visitation”

  1. Rafaela

    I have been planning a move for mntohs now to another state.I have never been married and my daughters father only pays child support there is no custody order as of yet.Today one week before i am supposed to leave i was served papers for custody and visitation.He wants joint custody and joint physical custody plus the right to claim her as a dependant on taxes.he put in order i wasnt working wich i am, i sell on ebay.It is taxable.I am in iowa.we agreed when she was born every other weekend and a couple weeks in summer and i let him and his family have her whenever they like.very flexible.Alot of holidays.He is over road truck driver and rarely home his parents care for her mostly on his weekends.daughter played ball this summer he made one game out of 21.he even calls to cancel weekends.he is used to 4 days a month with her not even that sometimes.i agreed to pay for ticket to come see him reguraly before he served papers.Can i still legally move in a week?Is it considered taking herI am finding very quickly that if you do not have money and your ex does you lose in court because you have no money for legal rep(attorney)legal aid does not help in this instance.So it is gonna cost a 2000 retainer to respond to his papers.How can this be???i know he has rights but she is 7 and why wait 7 years to decide you want joint custody and to be dirty enough to do it one week before move.I have rented truck new apt.etc..in new state.Already transferred my cna status to new state and never wanted to take her from him, a agreed to pay all transportation costs before he filed papers.guess it wasnt nice enough for him offered all time she is off school.to make it worse they made sure she was visiting them when i was served with papers and i am supposed to get her monday.they have to give her back to me right????????


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