Parenting Plan Disputes and Enforcement in Kane County

 Posted on July 22, 2022 in Divorce / Family Law

Divorce can be contentious, emotionally debilitating, and costly, most especially when children are involved.  Under Illinois law, all decisions are determined in the best interest of the child.  A parenting plan includes decision-making responsibilities of the child, and parenting time, formerly visitation, that each parent has with the child. An agreeable parenting plan begets a harmonious home life for the child.  

Achieving and adhering to a parenting plan can sometimes be complicated. A divorce lawyer can negotiate an agreeable parenting plan or facilitate post-decree enforcement of the parenting plan.

Four Disputes in Decision-Making Responsibilities

1. Education – Where the child attends school is often a source of conflict. A parent may want the child to be enrolled in a private or religious-based school, like a parochial one, while the other parent may wish the child to attend public school. Sometimes tuition costs are the primary factor of this conflict. Academic achievements and a competitive grade point average may also be an issue as one parent may be more lenient while the other is not.  

2. Extracurricular Activities – Sports, clubs, and outside-school hobbies may involve demanding schedules and costly expenses. Some parents may disagree on the types of extracurricular activities the child enjoys. At other times, one parent may be overzealous about an extracurricular activity, imposing pressure on the child to compete.    

3. Health – Mental and physical healthcare of the child can be a source of contention. A parent may oppose immunizations, such as the HPV or COVID-19 vaccinations, while the other condones vaccinations. The child’s diet may also be debated in the divorce order. One parent may wish to raise the child as a vegan or vegetarian, while the other wishes to not impose such dietary restrictions on the child.  

4. Religion – Parents may dispute a child’s religious upbringing, including the child’s participation in religious services, traditions, and holidays. Each parent may practice a different religion, the same religion, or one can be unbelieving while the other is devout.  

Enforcing the Parenting Plan

When a divorced parent deliberately neglects the obligations stipulated in the parenting plan, a divorce lawyer could help resolve the issue by enforcing the parenting plan through litigation. After filing a petition, the court could penalize the offending parent with the following orders.

• Compensate the other parent with any missed parenting time

• Restrict the violating parent’s parenting time

• Pay the other parent’s lawyer fees and court expenses

Contact a Kane County Family Law Attorney

At Loire Krajniak, LLC, family law and divorce attorney Cherissa "Reese" Loire Krajniak is skilled in parenting plans and dispute resolution. Along with her team of professionals, Reese understands the complexities of divorce decrees and advocates for peaceful solutions. For a free consultation, contact a Sugar Grove family law attorney at 630-448-2406.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086                        

https://www.wsj.com/articles/covid-19-vaccinations-for-kids-spark-battles-between-divorced-parents-11643884208