Legal Question in Family Law in Illinois
lieing father fools courts...........
I have been in a four year visitation battle and my ex-husband.My children are not mentally safe to be with him. I don't know where or who they are with when he gets them. He walks in and out of their lifes as he pleases then tells the courts I wouldn't let him see them. I can not afford an attorney so what can I do to prove he is lieing and that he is an unfit parent? I have tried paper work but it does not help.
1 Answer from Attorneys
Different visitation rules for a LOUSY dad vs. an ABUSIVE dad.
Illinois statutory law provides: �A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health.� If you brought this matter to court to end your ex's visitation, the burden would rest with you to prove serious endangerment.
If the situation is more than merely risky to the kids, and rises to the level of child abuse, you could call DCFS or seek an order of protection. Neither of these things require a lawyer, but you wouldn�t want to do this just to control visitation, no matter how lousy it is. These steps are meant to deal with true abuse.
You ask how to prove he is lying. You ask how to prove he is an unfit parent. These are complex questions which, without a thorough analysis of the particular facts in your situation, cannot be answered properly. You would do well to speak to an attorney in your area about your situation.