Legal Question in Family Law in Illinois

Hi, A judge ruled on a case of a divorcing couple. The divorce has yet to be granted (there was a continuation) but the judge did rule on the custody/visitation by granting the father of the child a one day visitation for about two hours. Can he file for joint custody(or more than a one day visit) even though a judge ruled giving him one day visitation? To backbrief, the father is under a restraining order and he has been granted the one day visitation for two years. I guess the question is..is there anything that he can do about the ruling and the restraining order being filed under false pretenses?


Asked on 5/06/10, 11:55 pm

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

It is not clear from the question whether the ruling is oral or is incorporated in a final custody order, If it is not in a final custody order but merely verbal Father can file a motion for additional visitation. He can file whatever motion he chooses, in fact, but the judge most likely will never grant joint custody. He also most likely will not grant the Father sole custody based upon his ruling of limited visitation. Father's best bet, if any, is to file a motion for additional visitation, setting firth, with specificity, why he is entitled to that visitation. Has Mother proven Father to be a serious endangerment? What is the basis for such limited visitation. Those issues must be dealt with in the motion

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Answered on 5/12/10, 4:52 am


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