Legal Question in Family Law in Illinois
I lived with my kids dad for 9 yrs, he moved out 8 months ago we have not gone to court about custody. My daugther told me she does not want to go to her dads on weekends, do i have to maker her go? My kids dad and I was never married.
2 Answers from Attorneys
Both parents have legal rights and responsibilities. You are not required to force your daughter to visit her dad, but he can ask a court to grant that right. A family court will decide what it considers to be in the best interests of the child regarding support, custody, visitation, etc. You and the father can agree to such issues, but you are advised to consult with a family agency, legal aid group, attorney, or other professional to express such agreement in written form to be approved by a court so that parental rights are clear.
Under Illinois law, until there's a court order for visitation, you can do what you please. But keep in mind, if push comes to shove, the law is on his side as it relates to his right to liberal visitation, subject to rebuttal.