Legal Question in Family Law in Illinois
Parental Rights
My husband has been estranged from son for 9 years due to mother's lack of cooperation. We are currently trying to establish contact with son, but have been unsuccessful to date (we have been trying for almost 2 years). We just found out that son has been punched out by step father recently (son is 15 now). Mother will not give any information regarding circumstances, will not even respond to requests for information from us. Does my husband have any recourse at all? Exactly what are his rights? Legal visitation was never established and we are thinking about filing paperwork to legally establish them, but had hoped son would want to see father without being forced. We believe the mother has filled his head with lies about father, causing the son to refuse contact so far.
1 Answer from Attorneys
Re: Parental Rights
Unfortunately the playing off of the custodial parent against the non-custodial parent happens all too frequently.
The easiest and most straight-forward thing to address is visitation, your husband like any non-custodial parent has "reasonable" visitation rights...that's the word that the statute uses. Visitation schedules vary greatly but sort of the typical schedule would involve alternate weekends with 1-2 week nigths and additional splitting of holidays and longer break periods. The only time visitation can/should be restricted is when there's a finding of "serious endangerment" to the children. This is extremely severe like child molesting or violent felons.
The step-parent abuse is obviously also concerning. A change of custody would normally be appropriate but since the father hasn't seen the son in so long I doubt a court would just change custody like that. Perhaps a call to the Dept. of Children and Family Services would be appropriate...they can investigate the alleged abuse.