Legal Question in Family Law in Illinois
Order of protecton and visitation
I have a two year order of protection against my child's father. I got this order of protection when I was pregnant because of domestice violence. I had the baby and the father's name is not on the birth certificate. He's taking me to court for visitation rights. Will he be granted visitation?
2 Answers from Attorneys
Re: Order of protecton and visitation
I surely need more info. to answer. I'd like to hear about the basis for the OP...but since it was pre-birth it obviously isn't about behavior towards the child.
He needs to prove he's the father whether by court ordered dna testing or a Voluntary Acknowledgment of Paternity. Once he's done that, he's likely to get visitation. A person's visitation can only be restricted if he's a serious endangerment to the child. Does he have any criminal background or specifically negative behavior towards children? It's a pretty high standard to limit visitation.
Re: Order of protecton and visitation
Assuming he is the father, he will get visitation unless you can show he is a danger to the child. Do you have anything to support the belief that he would hurt the child?
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