Legal Question in Family Law in Illinois
I have custody of my son...my ex-wife has visitation schedule for every other weekend. However, she does not follow the schedule and goes months at a time without seeing him. There has been many occasions that she will call an hour or less before visitation scheduled time - stating she cant make it, something came up.
Also, she was supposed to be paying child support per the divorce agreement. However for some reason it was not listed with the State of Illinois....she was supposed to keep insurance on our son - and when she lost her job - he lost coverage also.
She has lost two additional jobs due to calling in - because of not having a babysitter for the new child.
Since the divorce she has had another child, lost her job, declared bankruptcy...she is living with the father of her new child.
How hard would it be for me to get full custody without visitation or have supervised visitation...Also, being able to move out of state for better employment opportunities.
I am remarried with a stepson. My spouse is a pre-school teacher( holds bachelor degree) and if she would obtain employment out of Illinois she would have a major increase in pay.
Thanks for any advice.
1 Answer from Attorneys
It would be very hard to stop visitation. While what she is doing may be harmful to the child, a court can not order someone to exercise their visitation. If there in fact is an order for her to pay support - it is not clear from what you have written - then she might be held in contempt. But she has some excuse, the birth of the new child gives her some very little excuse. If your new wife gets a job offer you can seek court approval to remove the child, and you may well get it based upon your ex's conduct in not exercising visitation and not paying support. But they are difficult roads to go down.
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