As divorce attorneys working with families across Downers Grove and the greater Chicago area, we understand how frustrating and emotional it can be when your ex refuses to follow through with scheduled parenting time. Whether they frequently cancel at the last minute or completely stop showing up, it puts unnecessary stress on you and confusion on your child. Parenting time is more than a legal agreement—it’s supposed to provide structure and consistency for your child’s well-being. When one parent fails to follow through, it can cause disruption and raise important legal questions under Illinois law.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), parenting time is ordered by the court to protect the best interests of the child. The expectation is that both parents will follow the court-approved parenting plan. When one parent continuously fails to exercise their time, it not only affects the child’s emotional development, but it may also have long-term legal consequences for custody and decision-making responsibilities.
Understanding Parenting Time Obligations Under Illinois Law
When parenting time is included in a court order or allocation judgment, it becomes a legally binding obligation. Under 750 ILCS 5/602.7, Illinois courts must allocate parental responsibilities and establish a parenting schedule based on the best interests of the child. This includes not only decision-making authority but also the right of each parent to reasonable and consistent parenting time.
If your ex does not use their scheduled parenting time, the court does not automatically step in, but you are not without options. Frequent no-shows or cancellations can be used to demonstrate that the other parent is not actively involved in the child’s life. Over time, this may justify a modification of the parenting plan or even changes to legal custody.
What You Can Do If Your Ex Is Not Showing Up
The first step is to carefully document each missed visit. Keep a calendar or written record that includes dates, times, reasons given (if any), and your attempts to communicate. Text messages and emails can help support your record. This documentation becomes valuable if you need to petition the court later.
We also recommend maintaining open, respectful communication with your ex whenever possible. Sometimes a parent stops visiting due to work changes, financial pressure, or emotional strain. If you can address the issue through communication or mediation, it may prevent a court battle. But if the other parent continues to be absent without reasonable cause, you may need to take legal action.
Legal Options To Modify Parenting Time
If your ex’s failure to visit is ongoing and impacts your child, we can petition the court to modify the parenting schedule under 750 ILCS 5/610.5. The court may consider a reduction or restructuring of the other parent’s time to reflect their actual involvement.
In some cases, especially if the child is experiencing emotional harm or anxiety due to missed visits, we may also request that you be granted sole decision-making responsibility or additional parenting time. Courts want children to have reliable relationships. When one parent is consistently absent, the judge may view a schedule change as being in the child’s best interests.
What Not To Do When The Other Parent Fails To Visit
As tempting as it may be, don’t withhold child support or refuse to allow future visits in retaliation. Under Illinois law, child support and parenting time are two separate issues. Denying parenting time, even to a non-compliant parent, could lead to a violation of your own court order. Let us help you pursue the correct legal approach that protects you and your child while following Illinois law.
Illinois Parenting Plan Frequently Asked Questions
Can I Deny Parenting Time If My Ex Repeatedly Misses Visits?
No. Even if your ex consistently fails to show up, you are still required to follow the court-ordered parenting schedule unless the court modifies the order. Denying time without a court order could lead to legal consequences for you. Instead, document the missed visits and speak with a family law attorney about petitioning for a modification.
What If My Child Doesn’t Want To Visit With The Other Parent?
Illinois law prioritizes the child’s best interests, and while the court may consider the child’s wishes, especially if the child is mature, the current order must be followed unless it’s changed through legal means. If your child is experiencing stress or emotional harm, we can ask the court to evaluate whether the parenting schedule needs to be adjusted.
Does My Ex Still Have To Pay Child Support If They Don’t Use Their Parenting Time?
Yes. Child support and parenting time are legally separate. The non-custodial parent is still required to pay court-ordered support even if they don’t use their parenting time. Failing to pay support is enforceable by the court, just like failing to follow a parenting plan.
Can I Request A Change In Custody If My Ex Stops Being Involved?
Yes. If your ex is consistently missing visits and has become uninvolved in your child’s life, you can request a modification of parental responsibilities under 750 ILCS 5/610.5. Courts may consider whether a change is in the child’s best interests based on the level of involvement from each parent.
Will The Court Force My Ex To Visit Our Child?
Courts do not force a parent to visit their child, but they can encourage compliance or modify parenting time if needed. If a parent consistently refuses to visit, it could impact their rights in future proceedings. The court’s primary concern is stability and well-being for the child.
How Long Does It Take To Modify Parenting Time In Illinois?
It depends on your county and the complexity of the case, but most modifications can be filed within a few weeks. If both parties agree to the changes, the process can be relatively quick. If contested, the court may schedule mediation or a hearing. We work to move the process forward as efficiently as possible.
Should I Keep Letting My Ex Cancel At The Last Minute?
While it’s important to follow the order, repeat last-minute cancellations can disrupt your schedule and confuse your child. Keep a record of every incident. If the behavior continues, it may be time to ask the court to revise the schedule to reduce instability for your child.
Speak With A Downers Grove Divorce Attorney About Your Options
If your ex is consistently failing to use their parenting time, we can help you protect your child’s stability and update your parenting plan to reflect what’s actually happening. At SBK Law Group, we work closely with parents across Downers Grove and the greater Chicago area to resolve parenting time issues with clarity and care.
Call our divorce attorneys in Downers Grove at SBK Law Group by calling 630-427-4407 to receive your free consultation. We serve clients from our office in Downers Grove, Illinois, and across the greater Chicago area, and we’re ready to help you move forward with confidence.
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