Can I Force My Ex to Take Residential Custody of Our Teen?

 Posted on September 18, 2024 in Child Custody

Teenagers often make poor life decisions in the years before their brains are fully developed. In 2021, almost ten percent of the nation’s violent crimes were committed by teenagers. The rate of teen pregnancies in 2022 was 13.5 per 1,000 females. While this is a three percent drop from 2021, teen pregnancies and teen crimes are still a fact of life.

Even when teens are not committing violent crimes or facing teen pregnancy, they may be driving under the influence, experimenting with drugs, or committing less serious crimes. Parents who are married must handle these issues together, regardless of the cost – emotionally and financially. The situation may be different for divorced parents, especially for parents with residential custody.

What if your teen becomes abusive to you or his or her siblings? Perhaps your teen has begun staying out all night and is involved with illegal activities. If you, as the residential parent, are simply unable to handle these teenage issues, can your ex be forced to take residential custody?

You may share joint custody of your teen and even have a parenting plan that clearly spells out each parent’s responsibilities, but if your ex is simply bowing out of the problem and even skipping visitation, what are your options? To have these questions answered and find out what your options are, speak to a Yorkville, IL child custody and visitation attorney from The Law Office of Matthew M. Williams, P.C..

Can the Allocation of Parental Responsibilities Be Changed?

So, what if you feel your teen is out of control but believe he or she might behave better if your ex became the custodial parent? There is no issue if your ex agrees with you and is willing to be the custodial parent. If, however, he or she refuses to deal with your teen, what are your choices? When a parent does not agree to a change in parental responsibilities, the other parent may be forced to go to court and ask the judge to make the changes. 

The judge is only interested in the best interests of the child. If you present a compelling argument that shows the judge it is in your teen’s best interests to live primarily with his or her other parent, the judge may order the other parent to become the custodial parent. The parenting plan will be changed accordingly.

What Does Illinois Law Say About Changing Parental Responsibilities?

In Illinois, the allocation of parental responsibilities cannot be changed any more often than every two years unless the child is in physical, emotional, or psychological danger. While these dangers usually refer to a parental issue, you may be able to show that if your teen does not obey your rules, he or she is in danger of getting into further trouble. A judge can order your ex to increase visitation time, become the custodial parent, or, at the very least, help you deal with your teen’s problems.

That being said, the court cannot really make a parent behave like a committed mother or father. If your ex simply refuses to help you address the issue, the court could potentially make him or her help more financially, which could allow you to seek professional help for your teen’s issues. If the judge believes that counseling or drug and alcohol rehabilitation would help your teen, your ex could be forced to help pay for those treatments. While this is not the same as having an involved parent who will work with you to resolve your teen’s issues, it could help the situation.

Contact a Kendall County, IL Allocation of Parental Responsibilities Lawyer

Issues with parental responsibility, residential custody, and teen troubles can get messy and difficult. It is always best to have an experienced Oswego, IL custody attorney from The Law Office of Matthew M. Williams, P.C. by your side to help you make the best decisions. Attorney Matthew M. Williams has experience with troubled youth, which gives you a distinct advantage in a situation like this. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a time to discuss your issue.