As a parent going through divorce, you no doubt have concerns about how the process will affect your children. In some cases, you may even lose trust in your child’s other parent, or harbor fears about exposure to bad influences. Or you might be on the other side of the equation and your soon-to-be-ex-spouse accuses you of engaging in behavior that has adverse implications for raising your child.
With either of these scenarios, the topic of a morality clause may come up as you’re addressing a parenting plan under Illinois’ divorce statute. Whether you’re seeking to prepare a morality clause or want to understand one that’s been presented to you,
it’s critical to consult with a Chicago child custody and parenting plans lawyer. Some answers to common questions about morality clauses may also be helpful.
How does a morality clause become part of a parenting plan?
The parenting plan document covers significant decision-making responsibilities and parenting time for both parents – concepts you may know as custody and visitation. One way a morality clause could be inserted into the parenting plan is for one party to suggest the other comply with certain ethical requirements. It’s possible for parents to agree on this type of provision, but a court may get involved to decide when the circumstances warrant it.
What activities and topics can a morality clause in child custody cover?
Morality clauses in a parenting plan can include restrictions on many different activities or experiences to which the child might be exposed. Often, these terms will cover a parent’s dating activities, having a romantic interest spend the night, and similar situations. However, a parenting plan could also prohibit drinking alcohol, taking drugs, or using offensive language.
How can I enforce the parenting plan morality clause?
Once the parenting plan is approved by the judge, it becomes an official order of the court. It has the legal effect of law, so there are implications for noncompliance. As the parent seeking to enforce the order, you can request the judge compel enforcement of the clause through a finding of contempt of court. You can do so by filing a petition and then proceeding to a hearing.
What happens if I violate the terms of the order?
If the judge decides you haven’t complied with the morality clause in a parenting plan, the judge has the authority to issue a range of punishment. Your sanction for a violation might include an award of attorneys’ fees to your child’s other parent, fines, and court costs. In serious cases, a judge could even order imprisonment for criminal contempt of court.
A Chicago Child Custody and Parenting Plan Attorney Can Answer Additional Questions
For more information on morality clauses in child custody and parenting plans, please contact Michael C. Craven to set up a consultation. You can reach our Chicago, IL office by calling (312) 621-5234 or contact us here. We can provide important details once we’ve had a chance to review your situation.
