Legal Question in Family Law in Illinois
motion to modify a final judgment over 30 days
I reside in California, my child is in Illinois. When the final decree was entered, visitation was based on me residing in Illinois and being laid off. After relocating over 7 years ago, I attempted to contact the custodial parent, just to get negative interference from her parents. Not being allowed to speak with the custodial parent, (our child was a toddler during this time). Letters/cards I would send would be returned (stating ''return to sender''). Child support checks would go uncashed. I decided to allow some time to go by and maybe once the custodial parent moves out of her parents home and my daughter gets a little older, I can establish a better relationship. I had a relative open up communication, and forward a letter with a toll free number to contact me and pictures. Custodial parent or my daughter never called. Same relative contacted custodial parent and asked her if I could have her telephone number so that I can communicate with our daughter and receive an address (since she moved from her parents home) to send a gift box. The custodial parent stated that ''she has to sleep on it''. How difficult will it be for me to modify the visitation order, requesting contact information and holiday and summer visitation.
2 Answers from Attorneys
Re: motion to modify a final judgment over 30 days
Assuming that the child is still in Illinois, you would need an answer consistent with Illinois law. If you're living in California, how are you going to get to know the child on a gradual basis to that the child is comfortable to go with you alone. Contact an Illinois attorney in the county where the current order is filed. You don't have a simple case and you will need an attorney to appear on your behalf, which will probably cost you less than traveling to hearings. It is going to take a while, but you should eventually get a chance to know your daughter. Good Luck, Pat McCrary
Re: motion to modify a final judgment over 30 days
Yes, you should be able to develop a relationship with her. It will take a court order though and you will need an attorney.
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