When a teenager refuses parenting time, parents often feel stuck between honoring their child’s feelings and following a court order. In Chicago and across Illinois, this situation arises frequently as children grow older and become more vocal about their preferences. Emotions can escalate quickly, especially when one parent believes the other is encouraging resistance. Courts, however, focus less on frustration and more on legal responsibility and the child’s best interests. Understanding how Illinois law views parenting time refusals is critical before taking action that could unintentionally create legal consequences.
How Illinois Law Views Parenting Time Orders
Under Illinois law, parenting time orders are not optional. Once a court enters a parenting plan or allocation judgment, both parents are legally required to follow it. Illinois statute 750 ILCS 5/602.7 governs parenting time and makes clear that the court expects compliance unless the order is formally modified. A teenager’s age does not automatically excuse missed parenting time, even when the child is resistant or refuses to go. Courts look closely at whether a parent made reasonable efforts to encourage compliance.
Does A Teenager Get To Decide Whether To Visit A Parent?
Many parents assume that once a child reaches the teenage years, the child can choose whether to attend parenting time. Illinois law does not support that assumption. While a child’s wishes may be considered, they are only one factor among many listed in 750 ILCS 5/602.7(b). Judges also evaluate the reasons behind the refusal, including safety concerns, family dynamics, and each parent’s conduct. A teenager’s preference alone does not override a court order.
Parental Responsibility When A Teen Refuses Visitation
Courts expect parents to actively support parenting time. If a teenager refuses to attend, the residential parent must still make reasonable efforts to encourage compliance. Allowing a child to stay home without explanation or effort can expose a parent to allegations of interference. Under 750 ILCS 5/607.5, a court may find a parent in violation if their actions contribute to the denial of parenting time. This can lead to sanctions, makeup parenting time, or other court-ordered remedies.
When Refusal May Signal A Serious Issue
There are situations where a teenager’s refusal raises legitimate concerns. Allegations involving abuse, neglect, or emotional harm require immediate attention. Illinois courts prioritize a child’s safety above all else, and a parent should not force parenting time if there is a credible risk to the child. In these cases, seeking emergency court intervention or modification is often necessary rather than ignoring the order. Documentation and prompt legal action matter greatly in these situations.
Modifying Parenting Time For Older Children
When refusals persist, modification may be appropriate. Illinois law allows parenting time modifications when there is a change in circumstances and the change serves the child’s best interests, as outlined in 750 ILCS 5/610.5. Teenagers’ schedules, maturity, and emotional needs often evolve, and courts recognize that flexibility may be required. A formal modification protects both parents by replacing uncertainty with a clear, enforceable plan.
Why Ignoring The Problem Makes Things Worse
Doing nothing can quickly escalate conflict. Missed parenting time often leads to contempt motions, increased legal costs, and heightened stress for the child. Courts generally disfavor parents who wait until enforcement actions are filed before addressing ongoing refusal. Early legal guidance allows parents to respond thoughtfully while protecting their rights and their child’s well-being.
Illinois Divorce Frequently Asked Questions
Can I Be Held In Contempt If My Teenager Refuses To Go?
Yes, a parent can face contempt allegations if the court believes they failed to make reasonable efforts to comply with the parenting time order. Courts examine conduct, communication, and consistency. Demonstrating good faith efforts is essential.
Does The Court Listen To A Teenager’s Opinion?
Judges may consider a teenager’s wishes, but those wishes do not control the outcome. The court balances the child’s preference with other statutory factors and the overall best interests standard.
What If My Child Says They Feel Uncomfortable Or Unsafe?
Safety concerns should never be ignored. Parents should document statements, seek professional input when appropriate, and request court intervention rather than unilaterally suspending parenting time.
Can The Other Parent Accuse Me Of Alienation?
Yes, allegations of parental alienation often arise in refusal cases. Courts look for patterns of conduct that undermine the child’s relationship with the other parent. Clear communication and documentation can help counter false claims.
Should I Force My Teenager Into The Car?
Physical force is not expected and can be harmful. Courts focus on reasonable encouragement, not coercion. Parents should show they promoted compliance without escalating conflict.
How Can A Court Enforce Parenting Time?
Enforcement options may include makeup parenting time, counseling orders, fines, or other remedies under Illinois law. Jail is rare but remains a legal possibility in extreme cases.
When Should I Seek A Modification?
If refusals are ongoing and tied to age, maturity, or changing circumstances, modification should be considered sooner rather than later. A court-approved change provides clarity and reduces risk.
Does Military Service Change How Courts Handle This?
Military service can add complexity due to deployments or relocations. Courts still expect compliance but may adjust parenting plans to account for service obligations when properly requested.
Talk With A Chicago Attorney About Your Teen Parenting Time Issues
When teenagers refuse to comply with parenting time orders, the legal consequences can affect custody rights, court orders, and family stability. Michael C. Craven represents parents facing complex parenting time disputes, including cases involving older children and military family considerations. We work with clients throughout Chicago to protect their rights while keeping their children’s well-being at the forefront.
For a free consultation, call Michael C. Craven, Chicago parenting time lawyer, at (312) 621-5234. We proudly represent clients throughout the city of Chicago, Illinois.
