Legal Question in Family Law in Illinois

Family

My Fiance of 5 years(lived togeter the whole time)left with the kids on the night of July 2 and then made an accusation of sexual impropriety wih our ten year old son and it was investigated by DCFS and was unfounded and the case was closed. Now I am stuck with an order of protection that is based on her false claim and am unable to contact her or my kids. I don't know how to get the order of protection removed. I dont have a great amount of monetary resources, but I desperately want to see my daughter and I don't know how I can just go into a courtroom and tell the judge that this is unfounded and that the order of protection needs to be removed. Please I am begging whoever may be able to help me in this. This 4 year miracle girl is my only blood child and I have waited 34 years to have my child in my life. This was not the way I wanted her to have to grow up, but I want to be in her daily life and be the daddy that she deserves. I need help in this situation badly and miss my daughter terribly, but without a lot of money I don't know how I am able to correct this problem even though I did nothing. Any help or advice would be greatly appreciated as I am longing to at least be able to see my daughter by x-mas. Thank you in advance


Asked on 11/19/08, 7:17 am

2 Answers from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Family

If your name is on your daughter's birth certificate, then you are legally the father and can go to the same Court that issued the order of protection and petition for custody. If your name is not on the birth certificate, then you will need to file a parentage action first. If the only obstacle is the protective order and you have a DCFS order in hand, there is a good chance you will have something worked out in time to take your daughter xmas shopping.

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Answered on 11/19/08, 1:04 pm
Zedrick Braden III Ainsworth & Associates PC

Re: Family

Good Morning. I think the best move for you to make at this time is to go back into court and seek to have visitation rights with your daughter. From your posting I conclude that the ten year old boy is not your biological child since you state that your four old girl is your "only blood child." However, one question I have is whether you have been legally declared your daughter's father in a Parentage (paternity) action. If not, this should actually be your first step, because if this has not occurred, you legally do not have any rights with regard to your daughter. I cannot over emphasize how important this is. The time to take action is now. I will be happy to discuss this further and in more detail.

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Answered on 11/19/08, 7:52 am


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