Legal Question in Family Law in Illinois
visitation
dad has visitation. it stopped 2 years ago due to my 2 boys finding a gun under his bed. My sons had to seek counseling due to many issues concerning visits with dad, they became physically ill (vomitting ETC) during weekend stays with dad, anxeity, stress related behavior. We had court 10/17/2007 and after 2yrs of no contact from him. he wants to tell the judge that he has not seen kids. of course now child suiport is on his tell he wants to scream that his father's right are being violated. Which i understand i should done it the legally way but this particular judge in cook county would never her my cry concerning this man and his irresponsibilty as a father. i guess one of my boys would have shot one another for her to see that htey were in hostile enviroment. My question is how can i fight visittation? My kids are 10,7 and wants no dealing with dad.
2 Answers from Attorneys
Re: visitation
You have every right to oppose visitation if the father is a "serious endangerment" to the children. This is a tough standard to reach but it's not impossible. It's really the only way to oppose visitation unless you just want to leave the area and take your chances.
Re: visitation
You will need to file a petition for sole custody. When sole physical custody is awarded you would have the exclusive, primary right to have the children. You would need to prove a history of abuse and neglect. In other words, you will need to show that it is in the best interest of the children to remain solely with you. The court may provide supervised visitation as an alternative to Dad. Good luck. Email me with any questions at [email protected]