Legal Question in Family Law in Illinois

Re: custodial/non-custodial parent communication problem

It is unfortuante that the children are the ones who suffer in these situations. However, your first duty is to your children. If the father is being physically abusive then being with the father is not in the best interests of the child. You could attempt to alter the visitation rights and require that his visits with the child be supervised. You might even find a judge willing to terminate his rights to see the child, however this is probably unlikely at this step.

Supervised visits would add a measure of safety for your daughter.

If you have not already, start keeping a journal of your discussions with the father as well as what your daughter relates to you. Write down everything in a truthful manner. Having this in writing can help when going before a judge.

Very truly yours,

Thaddeus J. Hunt, Esq.

(847) 223-4410

Abusive non-custodial parent

I see from the website that another attorney has responded to your question, and his advice is solid. Please permit me to add a few comments:

Situations such as what you describe present very difficult issues. You and your children have the right to be free from abuse and harassment, and a domestic violence order of protection can be entered against the father to prevent abuse [there is never a complete assurance that an order of protection will stop anyone from doing anything; the order is, after all, a piece of paper]. You can learn more about orders of protection, and whether you qualify for one, by visiting your local state�s attorney�s office. Either the state�s attorney�s office itself, or an organization working with that office, will help you.

Whether or not you qualify for an order of protection, you can seek to restrict [e.g., supervised visitation, shorter visitation, eliminating visitation, etc.] the father's visitation by pleading and proving that �that visitation would endanger seriously the child's physical, mental, moral or emotional health.� [750 ILCS 5/607] Not giving meds is seriously risky, and locking an eleven-year-old out of the house also presents �serious endangerment.� A lawyer in your area can advise you regarding the likelihood of prevailing in your particular circumstances and the remedies available under the law. [Restricting visitation would not reduce his obligation to pay support, a separate thing altogether.]

You can also call the Illinois Department of Children and Family Services at a local office or on the Child Abuse Hotline (or the Iowa counterpart of DCFS) and make a claim of abuse when it occurs. Hitting, failure to give prescribed meds, and locking a child out of the house should be sufficient to warrant an investigation.

Finally, if the father is a jerk, you and your kids might be stuck with him that way. The above answers can only address abuse. You can�t make a leopard change his spots, and you can�t make the father be a civil person.