Legal Question in Family Law in Illinois
I reside in the state of Illinois. I have been divorced for 5 years. My ex and I have joint custody with me having physical custody of the children. Back in 2008 my ex had lost his job and was out of work for 3 months. I wasn't getting child support during those months, therefore I lost the home the kids and I were living in. My ex was living with his girlfriend at the time, so they took the kids in. During this time, he went behind my back and got residential custody of the kids. In 2009, I lost my job, got evicted from my apartment, and lost all my possessions. He took me to court for child support, but I wasn't working at the time, so the judge told me to keep a job diary, and the case would have to be refiled once I started working. Because my ex hasn't been getting support from me because I haven't been able to find work, he has been keeping the kids from me. When we divorced, we left the visitation open for him to see the kids whenever he wanted. Now he won't let me see my children, his girlfriend refuses to allow me to speak to my children on the phone(her house, her phone) I can't even contact them through Facebook. I want to see my children. I have seen them 4 times in the last 8 months. What steps do I need to take to get my visitation modified so I get them regularly on the weekends and holidays? I'm going to be starting a new minimum wage job soon, but I don't have the money for an attorney. Isn't it against the law for him to be keeping me from having a relationship with my children? Please help me!
1 Answer from Attorneys
You need to file a motion to set specific visitation, It is against the law for him to deny you access, but you lack an order setting forth when you can see them. The police will do nothing unless you have an order for specific visitation
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