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IL divorce lawyer In a divorce, you end up having to make a lot of compromises. The divorce process involves a series of negotiations, many of which you might leave feeling as if you did not get what you wanted, but it has been said before: a good compromise is when both parties are dissatisfied. Compromise can indeed sometimes feel as if you have lost, but when it comes to your divorce, you should do everything you can to adhere to the compromises you agreed to. If not, the court may end up holding you in contempt.

Understanding Contempt of Court

Contempt of court occurs when a person does something that a judge or a court order has prohibited them from doing or required them to do. In most cases of contempt in family court, people are held in contempt because they have not obeyed or have violated an official order, such as a custody arrangement or support order.

If a person believes that their spouse is purposefully disobeying a court order, they can ask the judge to hold their spouse in contempt of court. A hearing will then be held to determine whether or not the spouse was actually in contempt and what consequences should be applied. For a person to be held in contempt, it must be proven that they:

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IL divorce attorneyGetting a divorce has many ramifications, especially when it comes to familial relationships. Not only are you splitting up with your spouse, but you are also splitting up your family unit, which in many cases includes extended family such as grandparents, aunts, uncles, and cousins. In many families, grandparents have a close relationship with their grandchildren, especially if they helped care for them. Unfortunately, divorce can bring out the worst in people and a parent can interfere with the relationship between the child and a grandparent for whatever reason. Illinois laws address this issue in the Marriage and Dissolution of Marriage Act.

Visitation Rights of Certain Non-Parents

The state of Illinois has recognized that extended family members often play a large role in a child’s life. In some families, grandparents take care of the children while the parents are at work. In other families, the child spends a significant amount of time with his or her step-parent. The law allows certain family members to petition for visitation or electronic communication when a parent “unreasonably” denies visitation or communication and the denial has caused undue mental, physical or emotional harm. These family members include:

  • Grandparents
  • Great-grandparents
  • Step-parents
  • Siblings
  • Step-siblings

Granting Visitation

If visitation for the child is contested, the court’s presumption is that the parent denying the visitation is acting in the child’s best interests. This means the burden to prove otherwise lies with the person who is petitioning for visitation. Typically, a judge will not grant visitation to a non-parent unless that person can demonstrate that the denial of visitation would cause harm to the child’s emotional, physical, or mental wellbeing.

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