Legal Question in Family Law in Illinois
Childrens Rights
I have a friend whose husband is in prison for sexually abusing their daughter. He gets out on parole in the next few months. She has not filed for divorce yet.
- She was told that her husband is not allowed by law to come in contact with their daughter until she is 18. Is this true? What's to stop him from trying to visit her?
- What web sites are available to learn about Rights for Sexually Abused Children and what laws protect them?
- Can anything stop him from visiting his other child that lives in this household?
- Because she did not file for divorce while he was still in prison, has she made it more difficult to file now?
- Would she have been able to collect child support while he was in prison?
- When does child support start - when the divorce papers are filed with the state?
- Could she have gotten his parental rights removed while he was in prison? Can she do it after he is paroled?
- As a convicted felon does he have any right to child custody?
- What webs sites are available to learn about Illinois Divorce laws and Illinois Child Support laws?
Thank you.
1 Answer from Attorneys
Re: Childrens Rights
Hello. First of all let me commend you for taking
the time to ask these questions on behalf of your
friend. Your friend's daughter should undergo therapy, if this has not already happened. When dad gets out, he will be required to register as a sex offender. If he does not, he could be put back in the slammer. Now, as to websites, don't completely rely on just any website that you see or hear about. Your friend needs professional help in the form of a lawyer who is familiar with this area of the law. If your friend intends to file for divorce, now is the time to do so in the best interest of the child. And by the way, that is what the courts in Illinois look at; what's in the best interest of the child or children involved. There are a few more considerations that should be dealt with, but there is not enough time nor space to advise you of this here.
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