Legal Question in Family Law in Illinois

Modification of Visitation

My husband's ex wife is taking him back to court for the second time in 7 months to change the visitation schedule in regards to their children. They have joint custody of the children, she keeps the children Sunday evening through Friday morning and we pick them up Friday after school and drop them off Sunday evening. She is now trying to change it to every other weekend. My husband and I cannot afford a lawyer. Originally, my husband kept the kids full time because she did not want anything to do with them, although she had residential custody...until he and I got married and then that changed...which is a whole different story in itself... Anyway...what we are wanting to know is, how often can she take my husband to court to change the visitation? It has gone from basically full time visitation to every other week to every weekend to now every other weekend....where does it end!!!??? How can she be stopped?


Asked on 9/03/03, 3:45 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Modification of Visitation

Generally, modification orders are not changed unless something has changed - the courts always look to the best interests of the children. Whatever she is basing her current request for a change upon, she should have a good reason. Otherwise, a court should not really change anything as it only disrupts the child's life again. An attorney could really help you on this but, if you can't, then just press the issue as to the CHILD'S best interests.

Read more
Answered on 9/03/03, 4:56 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois