Legal Question in Family Law in Illinois

Court Ordered Visitation

Can a non custodial father file a contempt of court charge against (me)custodial mom allowing son to miss the first overnight visit? The non-custodial parent only asked for overnight visitation because I asked for an increase in childsupport. He has been in and out of our son's life since birth. My son is 11 years old and he wants to talk to the judge concerning overnight visits. He does not trust his father because their is no pattern of established visitation. His came with the police to my home even after he was told he could see our son at the next sheduled visitation. My son has severe asthma and during pollen season or any kind of weather change he has an acute attack. I told the judge I have always let this man see my son when ever he wanted to. I was up all night with my son and I was asleep when he came to my home with the police. I had a neighbor tell me they heard the police knocking very loudly at my door. I have paper work that proves that I was at the ER with my son in the wee hours of the morning. My son is still wheezing and the weather is damp,which in turn makes his allergies flare up. Can I file a motion to have the current order modified and request that my 11 year old son be able to speak to the judge?


Asked on 7/04/09, 4:46 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Court Ordered Visitation

If there is a current court order in effect saying the father gets overnight visits, then he gets them. If the child is in the hospital then clearly such a visit is impossible. But you need to honor the order unless and until that order is changed. Do not take the matter into your own hands. It is better to have your attorney explain to the court why the order should be changed.

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Answered on 7/06/09, 9:47 am


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