Legal Question in Family Law in Illinois
prisoners rights
my childrens father is incarcerated in icoc. he is getting very frustrated that my 8 and 5 year old children do not visit him. my 8 year old does not want to go. i do not want either of my children going. they can talk to him and receive letters. i was told he ''filed'' some paper and that i will be forced to take them to see him, is this true, what kind of rights does he have in regard to this isssue. would the court force my children to go if they do not want too and can i be forced to take them because i don't want to go either.
2 Answers from Attorneys
Re: prisoners rights
I think I answered this question already.
Re: prisoners rights
I think you can oppose this. There is case law in Illinois directly dealing with this issue of visitation with an incarcerated father. It is appropriate for a court to "restrict" the father's visitation in this case. If the father attempts to do anything he must give you notice so I'm not sure what you mean by he "filed" something. If I filed a motion on his behalf, just as an example, I'd need to mail you a motion at least a week before it's presented in court. Oppose this!