Legal Question in Family Law in Illinois

My custody/divorce papers state the following:

That the Petitioner (Me) is awarded the care, custody, control and education of the minor child of the parites, subject to the following rights of visitation by the Respondent:

1. At times and places as agreed upon by the parties.

2. The Respondent shall give the Petitioner reasonable advance notice of his intention to exercise his rights of visitation. Each party shall cooperate with the other with respect to the rights of visitation provided for in the judgement.

My issue is that he is refusing to meet me half way so he can have visitations. I feel as though I really am not obligated to even give him that much but willing to split the travel. Also, as of right now he is not paying support (whish is only $38 a week) and is over a year behind but threatening to take me back to court to get joint custody and make me provide all transportation and he wants taxes every other year. Does he even have a leg to stand on?


Asked on 10/15/10, 6:53 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Transportation is usually done by the visiting parent. It is unlikely that any judge would give him joint custody, but do not frustrate his ability to get visitation or you might lose custody. If it doesn't say who picks up and delivers, the presumption is he does.

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Answered on 10/20/10, 4:36 pm


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