Illinois Matrimonial & Family Law

Terminating the Parenting Schedule

by Wes Cowell; updated 26 June 2016 -- suggest a correction

It's possible to "eliminate" a parent's right to spend time with his or her child.  The law uses the word "eliminate," not "terminate."  Parenting schedules "terminate" naturally when the child turns 18.  Need advice?  Call, leave your info, or scheduleschedule a consult.

Eliminating Parenting Time for Minor Children:  It's possible for a court to terminate ("eliminate" is the word the law uses) a parent's right to parenting time; but it exceedingly rare.  Cases in which parenting time is terminated almost always involve sexual abuse of the child or similar crisis.  Termination may be obtained as a kind of restriction under the law, which says:

the court "shall enter orders as necessary to protect the child.  Such orders may include, . . . (1) . . . elimination . . . of the parent's . . . parenting time . . . ."

750 ILCS 5/603.10

Parenting Schedules End Upon Child's 18th Birthday:  Usually, parenting agreements simply fade away as the child grows up.  Before long, the child has a substantial social life, probably a cell phone, maybe a car, and all kinds of obligations to school, work, extra-curricular activities, friends, volunteer groups, etc.  Parenting time schedules evaporate altogether when the child turns 18 -- even if the child is still in high school.  When the child reaches the age of majority, the child stops being a child and becomes an adult . . . and there are no laws to enforce parenting time of adult children.  The court loses subject matter jurisdiction to award or enforce parenting time when children reach the age of majority.   See, In re Marriage of Casarotto, 316 Ill.App.3d 567, 570-71, 249 Ill.Dec. 731, 736 N.E.2d 1169, 1172 (1st Dist., 2000), and   In re:  Marriage of Dobbs, 358 Ill. App. 3d 308, 294 Ill.Dec. 829, 831 N.E.2d 1154 (5th Dist., 2003).