Legal Question in Family Law in Illinois
I have custody of my 2 children and their father only sees them when he finds it convient for him. Can I petition the court for a set visitation schedule? If so how do I go about it and what happens if he does not comply with the court ordered visitation?
2 Answers from Attorneys
Yes you can, all you need is to file a petition, notice of motion, and proof of service. Have your ex served first class mail. Show up to your court date, your ex will be given time to respond in writing (usually 21 days starting AFTER the court date), and a hearing date will be set if he tries to contest this. If he violates the visitation order, he can be held in contempt of court.
Assuming that you have custody of your children pursuant to a court order, I agree, you can petition the court for both a routine and holiday visitation schedule to be established. If there is an existing case you can send your notice of motion and petition via first class mail. If you do not have an existing case you will need to file a new case and have the father served via a process server (usually the sheriff). Although it is possible for a court to hold someone in contempt of court for not complying with a visitation order (let's say, failing to exercise visitation at all), in Cook County it would be very rare. I would suggest you consult with an attorney to help you with this.