Legal Question in Family Law in Illinois
I now live across the street from my kids, and before i lived out of state. my ex-husband will not allow me to see them more offten except for every 2 weeks. all my child support is up to date and he just will not let me see them more offten. how do i go about filing a petition for more visitation? please help.
2 Answers from Attorneys
If you are paying child support under an Illinois court order you have the right to seek modification of it. If you are paying child support under an out of state court order you may need to go back to that state court to modify, but you should be able to effectively have the matter registered here if (a) you are now a permanent Illinois resident and (b) the calculation of support doesn't become more onerous for you.
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You ask about visitation. If the Judgment was entered in Illinois, and one of you still live in the county where the judgment was entered you can prepare a Petition to modify Visitation. You can retain an attorney or you can find on line resources such as Illinois legal aid on line, which may help you prepare the appropriate petition. You have to then go to the courthouse, get a court date and sent your ex notice of your petition and the court date