Legal Question in Family Law in Illinois

Neglectful Father Wants Visitation

Today my fiance received in the mail a petition for visitation from our daughter's biological father. Stating that he has repeatedly tried to contact us and setup visitation, along with a host of other blatant lies. He walked out on my fiance and daughter when she was 9 months old. Since that time, my fiance has said that he could visit, yet he still made no effort to do so. There have been whole family functions where members of his family have been present, yet he has chosen not to. We were also invited to Christmas dinner last year. He, however, made it a point of calling us and telling us not to come. I am now already in Arizona, and my fiance was finally going to be moving down here in two weeks(after a month and a half apart). The court date is for this Tuesday. Is she going to be held in the state of IL at all, and not alloweded to leave? We were finally going to really start our family, and this just had to happen.


Asked on 9/20/01, 4:16 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Neglectful Father Wants Visitation

Your family law question is complicated and must be addressed by an attorney who can examine the Final Judgment and obtain other information from you re the age of your child, why you are moving to Arizona, etc. Relocation of the parent having residential custody of the child will usually be approved by the court if there is no provision prohibiting such relocation in the Final Judgment, the relocation does not affect the welfare of the child, and the parent is relocating for purpose related to the welfare of the child such as employment. Regarding the false statements of your former in his motion or petition, those are allegations which he must prove; you are advised to appear in court represented by counsel so that the court does not rule adversely to the interest of you and your child.

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Answered on 11/07/01, 10:05 am


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