Chicago, IL asked in Family Law and Child Custody for Illinois

Q: Can the non custodial parent decide not to allow extra curriculars on their parenting time?

Can the non custodial parent decide not to allow extra curriculars on their parenting time? Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from all school, health and extra curriculars for at least 3 years now. Recently, he has had some bad things going on for himself to include a domestic violence charge and an arrest for possession of drugs. He has been inconsistent on his parenting time up until now and is saying the child cannot participate in activities on his weekends. Child has been doing the same activity for 3 years without the noncustodial parents objection. When the activity falls on his weekend I offer to switch weekends or bring the child to and from his place after. Can he keep the child from participating?

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: A 12 yr old is not likely to take kindly to being kept from an activity that she likes. Keeping her from it is not likely to get him far in the eyes of the judge. Do everything in writing so you have written documentation from court. Then if he refuses or fails for 3 times I would ask for mediation or hire a lawyer to modify the order.

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