Shared Parenting Time: The Importance of Encouraging the Child’s Relationship with the Other Parent

 Posted on December 23, 2016 in Child Custody

While it may be difficult, it is important for both parents of a child to support the child’s relationship with his or her other parent. Not only is it important for the child’s emotional well-being, but the court will insist on it as a part of allowing the child to live with one of the parents.

Both the Illinois Marriage and Dissolution of Marriage Act and recent case law underscore the importance of the residential parent maintaining this relationship. Of course, if abuse or other unsafe conditions existed, the situation may be different. However, if both parents are fit, facilitating a relationship between the other parent and your child may be an explicit or implicit requirement of the court ordered parenting plan.

If you are worried that the other parent may be interfering with your relationship with your child, you should contact a skilled parenting time attorney to help you exercise your rights to a positive relationship.

Illinois Marriage and Dissolution of Marriage Act

The Illinois Marriage and Dissolution of Marriage Act governs most aspects of divorce and custody in Illinois. The act specifies that the standard that should be used for most decisions is the “best interest of the child” standard. The statute specifically acknowledges that the best interest of the child includes the right of the child to maintain relationships with both parents in most cases, absent abuse. The court may also look at whether a parent is likely to support the child maintaining a relationship with the other parent when deciding with whom the child should live.

In re Marriage of Dowd

A recent court decision by the Illinois Appellate Court affirmed a lower court’s decision to change the residence of the children from one mother’s house to the father’s house, primarily because the mother was interfering with the father’s parenting time. In fact, the appellate court wrote in its decision that “The [lower] court emphasized that the strongest factor in its decision was the harm to the children caused by [the mother’s] longstanding efforts to alienate [the father] from [the children].” Since the court affirmed the lower court’s decision without disputing the underlying reasoning, it can be inferred that they were comfortable with this interference being grounds for the custody change.

Let Us Help you with Your Case

You have the right to a relationship with your children. If you believe that the other parent is interfering or poisoning your relationship with your children, you should contact a knowledgeable parenting time attorney as soon as possible to help you exercise your rights and request a change in the parenting plan if necessary. Our DuPage County parenting time attorneys at Davi Law Group, LLC can help you make sure your relationship with your child is preserved.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59