Legal Question in Family Law in Illinois

My brother and his x-girlfriend had a little girl, for the first 5 years of her life they got along fine and my brother spent 3-4 days the week with his daughter. The Mother started dating, got engaged and eventually got married to another man. Shortly after the marrige she asked my brother to stop visiting for a while to give them time to adjust to being a family. Which he did. They have never had a court ordered or formal support/visitation arrangement. Over the last 6 months I have tried to reach out to the mother for permission to see his daughter. The mother told me that my brother has not seen his daughter for 3 years and that she dosen't want this to start. I think because my brother has not paid child support for my niece that he thinks he can't demand visitation. Please advise me.


Asked on 5/02/11, 4:21 pm

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

Until your brother exerts his legal right to visitation, there is nothing any attorney can do for you. Visitation is laid out in 750 ILCS 5/607, and until motioned for, he is not entitled to it (or any other family member for that matter).

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Answered on 5/02/11, 4:47 pm


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