Legal Question in Family Law in Illinois

Non-custodial visitation and vacations
I was not married to my child's father. We have been separated since she was 3m. He calls 1x every 4-6 weeks and only sees her when my parents take her up to their house, 4x a year. Every time she stays at his house, she calls home crying wanting to come home because he is fighting with his new girlfriend (7 or 8 gf's since I left). He now (she's 10+) wants to take her on a vacation to Chicago or St. Louis. I disapprove due to the fact that she cannot even stay the night at his house without calling home crying and wanting to leave. As a custodial parent, do I have a right to say where he can take her when she is there? He has had a DUI which also concerns me and she has informed me he does drink when she is there, which I also have told him I do not approve of. Last August, he was going to force her to stay the night (which is a common threat from him) and wouldn't let my mom talk to her. His mother then proceeded to degrade her in front of the entire family by telling her how disappointed she was in her for not wanting to stay the night. I'm concerned if he takes her on a vacation, I may be driving 4 hours to pick her up. If I tell him he cannot take her and he does, what legal action can I pursue? Thank you!

Asked on 4/04/06, 7:17 am

Zedrick Braden III Ainsworth & Associates PC

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Re: Non-custodial visitation and vacations

Hello. From your posting I am unaware of whether

a court has ordered a set visitation for dad. Either way, you should take dad to court on this

issue. If he is under court order, he will more

likely do the right thing, or face contempt and

jail!. I am assuming that dad has been legally

declared your child's father. If not, that needs

to happen right away. I will be happy to answer

any additional questions that you might have.

Answered on 4/07/06, 7:17 pm

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