Legal Question in Family Law in Illinois

Me and my ex husband have joint custody 3 and 7yr boys. they are with him during school year and rotating every other 2 weeks in summer.

The agreement says.(1).both parents shall have equally opportunity to visit the children anytime regardless if the children are staying with either parent (2)visitation shall not disrupt the daily routines, education, and extra activities of the children unless both parent consent(3)visitations shall be done at the convenience of the parent currently scheduled to have custody(4)Parents give 24 hr notice(5) neither parent shall restrict visitation w/out proper reason or cause both parents should encourage time w children

I have kept their routine picking the up from daycare and school at 3;30 as school yr. I would pick up my older son from school then get my younger son from daycare and go to my house. He would pick them up from my house at 5;30 or so. now it is the summer and he says he does not want me to get them on his 2 week because he says no. i have the boys at his house before he gets home from work at 5pm. Not taking his time away from him. he sd he will call police. they expect to see me after daycare. Since the divorce the boys have seen me 99% of the time. Only not when he would have them on the weekend sometimes. We just started what the agreement because he didnt have a place to live. Now that the boys are use to seeing me basically everyday since they been born he wants to change with no reason. I am able to pick them up to spend time with them everyday before he get out of work. am I wrong to pick them up at 3:30 and have them at his house before he gets home at 5pm? There is no stipulation that says I can not get them. As I have from the beginning.


Asked on 7/15/13, 10:52 am

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

Because of the apparent vagueness of your judgment, it is quite likely that the police will do nothing. The vagueness is getting you and your former spouse into trouble.

If you have joint custody, the agreement sets forth a procedure where you and he have to try to work things out - mediation is probably required. You need a more formal arrangement regarding the kids - this one is too loosey-goosey.

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Answered on 7/15/13, 11:10 am


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