Parents who divorce or separate have to share parental rights and responsibilities. The courts allocate a certain amount of parenting time and legal authority to each adult. Frequently, there’s also an obligation for one of the parents to provide financial assistance in the form of child support.
While it is challenging, parents should make reasonable efforts to follow the custody order approved by the Illinois family courts. Unfortunately, some parents struggle to fulfill their parental responsibilities. They may fail to show up for custody exchanges on time or routinely cancel their time with their children. Other times, they might interfere with the other parent’s access to the children or the other parent’s right to provide input about key decisions.
How can frustrated parents address a scenario where their co-parents do not follow the current custody order?
By gathering evidence
Any attempts to legally remedy parenting issues typically require evidence. Family law judges cannot make drastic adjustments to custody orders or enforce them without a valid justification. Generally speaking, those hoping to ask the courts to intervene need proof of non-compliance.
Records of canceled sessions, habitual rescheduling and attempts at parental alienation could meet the necessary standard for a custody modification request. The right evidence can also help inspire the courts to enforce the existing order.
By demonstrating goodwill
One of the factors that judges consider when allocating parental rights and responsibilities is the willingness of each parent to cooperate with the other. Therefore, giving the other parent an opportunity to correct the issue before taking legal action is often the best option unless there are some serious safety concerns.
Communicating with them in writing about the issue might inspire the other parent to correct their behavior. If it does not, then documentation showing there was an attempt to resolve the matter amicably can influence how a judge responds to an enforcement or modification request.
By going to court if necessary
When one parent interferes with the other’s access to the children or refuses to fulfill their parental responsibilities, the courts may need to hold them accountable. Enforcement actions and modifications in family court can help resolve issues related to non-compliance with custody arrangements. Parents often need assistance navigating the family courts when they must enforce or modify an existing order.
Parents can help minimize the disruptions that they and their children experience by holding a co-parent accountable for ignoring or routinely violating the terms set in a court order. Having assistance while documenting and responding to custody issues can help parents obtain arrangements that are truly in the best interests of their children.