Legal Question in Family Law in Illinois
physical change of daughter when returned home from vacation.
we have joint custody i am her primary parent she goes every other weekend to her fathers. my ex cut my daughters hair knowing my plans to have her hair long for my upcoming re-marriage. what legally can my ex do or not do in terms of changing our daughters physical appearance.
1 Answer from Attorneys
Re: physical change of daughter when returned home from vacation.
Your question falls within the custody disputes and visitation battles. Generally, allegations of child abuse (physical/mental/sexual) in custody disputes and visitation battles are serious accusations. What you are alleging might be a serious case resulting in your ex's action being labelled as physical child abuse. However, you would need to elicit more facts from your daughter. Some other questions would need to be asked as well. What did you observe in terms of the child's reaction to the hair cut? Who initiated it, the child or father? Depending on your findings which may include interviews by social worker or child psychologist or other expert of your daughter, the hair cut may take a new dimension. As a rule, the court will usually make sure that visitation is in the best interests of the child. However, the court will restrict the rights of any non-custodial parent if the visitation endangers the child's physical, mental, moral, or emotional health. Also, the accusing parent ( in this case you) must prove all facts which show that the visitation seriously endangers your daughter. All in all, you yourself must not be seen as attempting to take advantage of the situation as I said earlier, physical child abuse is a serious accusations.