Visitation Rights and Enforcement

Kane County Courthouse  |  Geneva, Illinois

In a Dissolution of Marriage, the noncustodial parent, i.e., the parent who didn't get residential custody of the child or children, has visitation rights awarded by the Court or by agreement of the parties. A typical pattern for such visitation rights is alternate weekends, with one or two nights during the week for two or three hours in the evening (then returned to the custodial parent's residence).

Additionally, typical holidays are alternated from year to year. Also, summer visitation schedules are agreed upon whereby the noncustodial parent has two to three weeks of summer visitation — which can be in one-week blocks or consecutive weeks.

Educating You On Your Rights And Options With Visitation

Some people confuse the prohibition in Illinois law against removing children out of state without family law court approval, with the right to take children on summer vacations out of the state. The latter is perfectly permissible, as long as the other spouse is informed of the destination, and has the right to contact the child or children on a daily basis by phone.

In the event that a parent refuses visitation for a reason such as the other parent has failed to pay child support, the Courts will look at these matters as separate issues. The Court will enforce visitation rights separate and apart from the issues involved in failure to pay child support. If visitation is withheld, the Court looks upon this with a jaundiced eye, as this is seen as an effort to use the children to obtain leverage over the ex-spouse in the given situation.

For more information, call our law offices today at 630-457-1691.