Legal Question in Family Law in Illinois
child visitation and custody
my fiance of over four years moved out of the house and took the kids with her over 30 days ago. children 9 yr. boy hers and 3 yr. girl ours.she refuses to allow me to see or talk with them. what can i do? i have next to no money until my tax return and that is too long to be without my childen. me and her dont talk and she will accept no calls or requests to see or talk to my children from me on her voicemail. desperate please help!!!!!!!!!!
2 Answers from Attorneys
Re: child visitation and custody
You have little or no rights as to the 9 year old. As to the 3 year old you should establish paternity and have a visitation order entered.
Most court have fill in the blank forms. While I do not recommend representing yourself, you obviously have greater budgetary priorities.
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Re: child visitation and custody
Well, you have a catch 22. If you wait too long, the mother will 'establish a routine' for the child, and the judge next year will likely rule that the child should not be disrupted from his routine. If the other parent is cutting you off, there really is only one way (the courts) to take care of this. Sometimes, beginning a legal custody fight brings the other party to talking.