Legal Question in Family Law in Illinois
I have a 3 1/2yr old son. I am the custodial parent as well as the only parent on the birth certificate. He signed an admission of paternity when my son was 23mo old. He then filed for visitation when he was ordered to pay child support even though he didn't really want to see him. He did 6wks of 1/2 visits(1day instead of 2) every other week. Then he decided my son should be left with his 11yr old son and 2 other sons. After that I did not hear from him for 6mo. Now it has been an entire year since he has had a visit or contact with him. He also is behind on his support. Can I remove his visitation now?
2 Answers from Attorneys
The only "person" that can remove his visitation is a court, as a court ordered it. You do not have the right to stop it without an order of court. You face a difficult choice. If you raise the issue of the arrearage, he will want to restart visitation. How old are 2 2 other sons - less than11? IF so his actions were not appropriate parenting. A court might (although not likely) terminate his visitation. Courts are hesitant to stop visitation - you have to prove serious endangerment to stop his visits and leaving hi with an 11 year old does not rise to that level.
I disagree with Mr. Shimberg as I think leaving a 2 yr. old with an 11 yr old and 2 younger brothers is a crime. It is child neglect at the very least and certainly is cause to ask the court that any visits be supervised. Since its been a year since the last visit, you may be able to get the court to suspend visitation.
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