Legal Question in Family Law in Illinois

child visitations and support

I have a two year old son by a former girlfriend. On May 21, 2002 she filed an order protection. In this order we alternated custody of our son from week to week. What recourse do I have to prevent her from interfering with father's rights? On April 7, 2003 while we were in court, i was arrested because she lied to the courts and stated me and a family member assaulted her. I was charged with violations of an order protection, the charges were dismissed. What is my legal recourse against such false charges? Can I sue her for malicous persucation? How can i obtain my visitation under an order of protection? I went thru meditation and there was no child visitation agreement established. There was recently an order issued to have an attorney appointed for our two year old son. I was told I would have to pay for this attorney. How can I contest this order? I can't afford the attorney, also i attempted to get myself an attorney.


Asked on 10/16/03, 9:19 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: child visitations and support

I'm a little confused - if the order of protection says you alternate week to week then that is the visitation schedule. If you wish to amend this then you must go to court. If she is also fighting custody through normal channels, the court can appoint an attorney to represent the child's interests if it thinks it is necessary. You may be stuck with the fees if you earn more money than her. Ask the court to recommend some low cost / pro bono attorneys.

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Answered on 10/20/03, 6:02 pm


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