Child Visitation Laws

 Posted on May 12, 2013 in Family Law

Divorce can be messy, and unfortunately it can be difficult to find a divorce outcome that pleases everyone. This is especially true when there are children involved. Once the divorce is final and the orders have been issued, what’s next?

During the divorce, it was decided which parent would be the one with primary custody, and which parent would be the noncustodial parent. The custodial parent is the one that the child will reside with for the majority of the time, and the noncustodial parent will be the one who has the right to visitation. The noncustodial parent is usually also the one who is ordered to pay child support.

The important thing to remember is that legally, there is no relation between child support and visitation. If the custodial parent refuses the other parent visitation rights, that does not absolve the noncustodial parent of the child support obligations. These are two separate things that are often mistakenly intertwined.

The biggest issue is that mixing these issues can cause further hurt and stress to the children involved. The children may over hear one parent talking about how they are not getting any financial assistance from the other parent. In the meantime, the children are wondering why they do not get to see the other parent as often anymore. These are grown up issues that should not be discussed around or with the children. The children should only know that both parents want the best for them.

Just because the divorce case has concluded, it doesn’t mean that your Illinois divorce attorney can no longer assist you. This is especially true if the orders of the court are not being followed. If you are having a problem with your former spouse paying the court ordered child support or if you are being denied your rights of visitation, contact your attorney today.