Legal Question in Family Law in Illinois

i am a single mom (24)with 2 sons 2 and 3 yrs. old. the father((39) has been taken to court but I have seen no support from him and his mother says he hasn't worked in 10 yrs. I just got an order of protection (for 1 yr.) against him for pounding on my windows and doors trying to see his kids. He is a habitual felon with at least 50 arrests on file. The judge said after he takes anger management and parenting classes he can look into visitation and custody. Should I be going to court and seeking sole custody of my boys? This man is violent-criminal and a drug user and I would not want him to take my children without supervision. I am not on welfare and my grand-mother helps me raise my children in a safe secure environment. I


Asked on 5/30/13, 12:24 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Unless the court believes he poses a serious endangerment to the children he will be allowed visitation. It would appear you already have sole custody. If you do not, you should seek it, but that does not stop his rights to visitation. If you believe he is a drug user and are willing to pay for the testing, then file a motion seeking the test along with allegations as to why you believe that he is a user. A mere belief is not enough. 50 arrest does not make him a felon. Convictions make him a felon. But even felons have the right to see their kids under appropriate conditions. And the supervisor would not be you or your family.

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Answered on 5/30/13, 12:46 pm


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