Can I Ask Where My Children Are During Visitation?

 Posted on August 20, 2024 in Allocation of Parental Responsibilities

If you were granted primary custody of your child, you may experience concern when the child has visitation with the other parent. These feelings of anxiety and concern could be because you are accustomed to having your child with you for much of the time.

They could also be because you do not fully trust your ex to take proper care of your child. Your ex may have a history of flighty behavior, a drug or alcohol problem, or could be so angry with you over the divorce and custody that you are not sure what they might do.

If you live near the child’s other parent, you might decide to do a little covert surveillance by driving by to see if they are home. If they are not, your anxiety may ramp up a few notches. Perhaps your ex has taken the child to a movie, or perhaps he has decided to leave the state with the child. You simply do not know, and not knowing can be excruciating.

There are certain ways to determine where your child is, but it is extremely important that you discuss the issue with your Batavia, IL child custody lawyer from The Law Office of Matthew M. Williams, P.C. before you do anything. Your attorney will know the best legal way to handle the issue and can give you support and encouragement as well.  

What Are My Legal Rights to Know Where My Child Is During Visitation?

The answer to whether you have the right to know where your child is during visitation with the other parent is complex. Allocation of parental responsibilities is a complex subject fraught with emotion for most parents.  Generally speaking, it depends entirely on whether this was specified in your court-approved parenting plan. If there is no existing court order, the other parent may not be legally obliged to tell you where he is planning to take the child. Without a custody order, your ex can legally travel with the child, which makes that order crucial.

You can certainly ask your ex where he plans to take the child during visitation, or you can call or text and ask where they are. If the two of you are not on particularly good terms, he will probably decline to tell you just to be uncooperative. You can try to calmly convey the importance of knowing where your child is in the event of an emergency, but again, he is under no legal obligation to comply with your request.  

Can I Use Technology to Track My Child’s Location?

It can be extremely tempting to track your child’s location through his or her phone, smartwatch, or other technology. However, this can be dicey. If you inform your child, he or she may tell the other parent, and if that happens, an already contentious relationship can get even more contentious. There are pros and cons of tracking your child’s location. The pros include:

• Your anxiety is lessened because you know where your child is without contacting your ex.
• Should an emergency occur, you can quickly locate your child.
• Knowing you can track his or her location may also make your child feel safer and more secure.

The potentially adverse effects of tracking your child’s location include:

• An older child may feel as though it’s them you do not trust.
• It could further damage your relationship with your ex.
• If the app malfunctions, it could escalate your anxiety.
• Your child could sense your anxiety regarding their whereabouts and become overly anxious as well.

Contact an Experienced Kendall County, IL Child Visitation Attorney

If you do not have an existing custody order that tells your ex that he must let you know where he and the child go, you may want to consider asking for a modification to your existing parenting plan. Attorney Matthew M. Williams has experience with troubled youth and is focused on mediation and collaborative divorce to make the process easier. If you have a custody issue, speaking to a knowledgeable Yorkville, IL child visitation attorney from The Law Office of Matthew M. Williams, P.C. can ease your mind and solve the problem. We are here to help. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule an appointment.