What to Do If There Is Abuse During a Child Visitation Exchange

 Posted on August 13, 2019 in Family Law

After a divorce is made final, and sometimes even before that, an Illinois family court will enter an order regarding the allocation of parental responsibilities. This order controls how parental responsibilities are shared between the divorcing couple. One of these responsibilities is time shared with a child.

Determining Parenting Time

If a divorcing couple has not agreed on a parenting schedule, the court will determine how and when visitation will take place in the best interest of the child. The court will do so relying on expert opinions and considering several factors, including the following:

• Each parent’s wishes;
• Wishes of the child;
• School and extracurricular needs of the child;
• Distance between the parents; and
• Work schedules for the parents.

Exchanging Children for Parenting Time

In situations where the divorce is amicable and the divorced parents get along well, handing over or picking up a child during parental time is done seamlessly with the parents agreeing how it will be done each time. If such is not the case and the parents have to follow a court ordered schedule, then the visitation exchange is often done curbside, meaning right outside the receiving parent’s residence. If the relationship between the parents is poor, a court may order drop-offs and pickups to take place at some other location, such as a school, shopping area, park, or gas station to minimize the likelihood of a problem.

Physical or Emotional Abuse During Exchange

In cases where there is bad blood between the parents, exchanging of children could be problematic, with some parents experiencing physical or emotional abuse such as hitting, pushing or yelling threats or obscenities. Should you experience any of these, you should immediately get a protective order, if you already do not have one.

You can obtain an emergency protective order by providing the court with information as to what happened. A court will likely grant the order, but you must provide specific details. There are also other remedies available through the court system, which could include restrictions on the abusive parent’s parenting time.

Contact a DuPage County Physical and Emotional Abuse Attorney

At Mevorah & Giglio Law Offices, we have experienced lawyers who can help you get all remedies you are entitled for physical and emotional abuse during child exchange. Our attorneys have more than 200 years of combined experience advising and advocating for clients in a wide range of areas, including legal separation and divorce. Contact one of our skilled Naperville family lawyers who can provide you with accurate information and guide you through what needs to be done. Call us at 630-410-9176 for a free initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000