Legal Question in Family Law in Illinois

Re: How can I prove the judge that the kids' father is unfit?

I see that other lawyers have answered your question. Their advice is sound. Please permit me to add:

Illinois law provides: �A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health.�

To exercise this �right� to visitation, the birth father must first establish his paternity (until that is done, the birth father has no right to visitation). Thereafter, the foregoing statute applies.

If you want to prevent visitation from occurring, you will need to present evidence that visitation �would endanger seriously the child's physical, mental, moral or emotional health.� Even if visitation is restricted, courts usually are open to ways for a motivated parent to improve the situation which caused the visitation-restriction to begin with.

You need to obtain the advice of a lawyer experienced in child custody and visitation matters. Only after a careful review of the facts by such a professional can it be determined what you can do. You need to see a lawyer, not only for the present circumstances (visitation), but to learn positive strategies for dealing with an uncooperative co-parent.

Re: How can I prove the judge that the kids' father is unfit?

A court looks to what is in the best interests of the child. If your ex is a threat to the children in any way, a court may choose not to allow him to see them. You need to focus on all of your exes bad qualities and how they affect your children. An affidavit may be the best way to approach the judge with your accusations to afford him/her the opportunity to question your ex about his behavior. He/she may then, in his/her discretion order your ex to undergo alcohol/drug/anger assessments, etc. to determine whether he is, in fact, a threat to your children. This is a very serious matter and I would suggest you get an attorney's help. It is hard for an attorney to come into a situation after the fact and attempt to fix the problems.

Re: How can I prove the judge that the kids' father is unfit?

I am somewhat confused by your question in that you indicated that you were voluntarily allowing visits with the natural father but that you are afraid he will obtain court ordered visitation.

Courts will allow visitation unless you prove that the visitation would seriously endanger your child. If you can prove a serious endangerment, you would be eligible to restrict his visitation in some appropriate manner and given an extreme case of endangerment, a court might disallow any visitation. However, your question implies that nothing bad has happened with all of the visitation that has occurred to date; and, consequently, it would appear that the best you could hope for would be some form of restricted visitation. For example, if he has a history of criminal convictions for drug use, the court might order no visitation if he shows up under the influence of any intoxicating substances. You should keep a journal regarding all of your contacts with the natural father to keep track of all of his misconduct and you should hire an attorney to review this situation in detail.

Best regards,

Michael T. Mahoney