Can a Dad’s Rights Suffer from "Necessary" Child Engagements?
Posted on September 16, 2024 in Child Custody
Divorce is tough on everyone involved, most particularly for the children who may feel "torn" between their parents. This is especially true when divorce is particularly contentious, and the parents have nothing nice to say about one another. In some cases, after the divorce, the situation between the parents can be just as antagonistic when the parenting plan kicks in. One parent may feel as though he or she is missing out on the important issues of the child, particularly the parent who has less time with the child under the allocation of parental responsibilities.
Consider the case of a Chicago father whose ex-wife used the daughter’s therapy to cut the dad’s parenting time short. The parents shared custody of their ten-year-old daughter; both parents enjoyed a generous parenting schedule and a close relationship with the girl. When it became necessary for the daughter to engage in extensive at-home therapy sessions, those sessions always took place at the mother’s home. The dad soon realized that these therapy sessions were cutting out a large portion of his court-ordered parenting time.
The mother claimed that any disturbance in the daughter’s sessions would negatively impact the girl’s health and development and was unwilling to allow the therapy sessions to occur at the dad’s home. The father refused to give up his time with his daughter, and the mother filed an Emergency Motion against him to modify the parenting plan. The father maintained that the harm that would be done to his relationship with his daughter far outweighed the benefits of therapy – and the judge agreed.
If you feel your ex is consistently taking away from your parenting time, speaking to a Wheaton, IL attorney who is highly skilled in parenting time issues can be beneficial. Absent a compelling reason for one parent to have less parenting time, the court generally believes spending time with both parents is in the child’s best interests.
How is the Allocation of Parental Responsibilities Determined?
When parents are unable to reach a mutually agreed-upon allocation of parental responsibility, the court will do it for them. There are several types of parental responsibility allocations. Joint allocation means both parents have a say in all major decisions related to the child, including religion, healthcare, and educational decisions. If the parents cannot agree on a particular decision, they can each submit a proposal to the court and let the judge decide.
Under joint allocation, a residential parent will be designated, while the other parent will have parenting time. The amount of time spent with the non-residential parent will be outlined in the parenting plan or court order. Shared allocation means the parents share parental responsibilities and are each given specific rights and responsibilities.
Sole allocation of parental responsibilities means one parent will make all the major decisions for the child, and the other parent does not have the right to interfere with those decisions. Depending on the situation, the other parent may have parenting time or may even have no parenting time or supervised parenting time.
In the situation detailed above, the court agreed with the father that the daughter’s therapy sessions should not all come from the father’s parenting time. Slightly different facts can result in a different decision by the court. Just keep in mind that family courts will always make determinations based on the child's best interests rather than what the parents want.
Contact a DuPage County, IL Parenting Time Attorney
It can be difficult for parents to transition from spending time with their child before the divorce to having allocated parenting time after the divorce. When one parent deliberately attempts to minimize the other’s parenting time, the court may be forced to intervene.
Speak to an experienced Wheaton, IL parenting time attorney from Andrew Cores Family Law Group to discuss your issue with the allocation of parental responsibilities. Attorney Andrew Cores is a Fellow of the Collaborative Law Institute of Illinois and is ready to help you through your parenting time issue. Contact Andrew Cores Family Law Group at 630-871-1002 today to schedule your free consultation.
