Legal Question in Family Law in Illinois

Joint Custody Breach

My children have told me that my ex-husband, their father, has been drinking during visitation. My Joint Custody Agreement states that he should not consume alcohol or drugs during these visits. I have been divorced for about 7 years, my children are ages 11 and 13. His drinking is not just social it is every day starting in the morning til night, even while he is driving. He is also verbally abusive to the children. I am afraid that if I allow him to take the children another weekend something will happen to them. They love their father very much and were afraid to tell me what was going on, in fear that I would keep them from seeing him.

Please Help.

Thank You


Asked on 5/30/00, 9:55 pm

1 Answer from Attorneys
Zedrick Braden III

Re: Joint Custody Breach

Hello. I suggests bringing

this to the attention of the

court in the form of an

emergency petition. Most

courts in Illinois would

consider this an emergency.

Supervised visitation may

be the best option due to

the fact that your children

have a strong bond with their

father. It is important

that you file this emergency

motion right away, before

the next scheduled visitation.

Also, filing a rule to show

cause against your ex-husband

for violating the court order

is appropriate. I hope that

my advice has been helpful.

Read more
Answered on 7/19/00, 2:07 am


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