Legal Question in Family Law in Illinois
visitation
My great nephews are allowed visitation with their dad in Chicago once every three weeks. They are 7 and 10. Recently they have both complained that they are scared when they visit with him because there are always people shooting outside. They say they just lie in be and listen to gun shots. In addition his cousin, an ex-con lives with him. My niece lives 6 hours away from the kids dad. Yes he has to drive 6 hours bakc and forth. She wants to take him to court to force him to stay in town when he picks them up. I told her that isi probabaly unrealistic. Everyone will sympathize that they are scared but no judge will MAKE him stay in town where they live for his visitation. Am I correct or is my niece? Will a judge make him stay inthe town where the children live since they are scared when they are at his house? l (He does ive in a really bad neighborhood one f the highest crimes in the city of Chicago)
2 Answers from Attorneys
Re: visitation
unless you can show that there is an actual threat of harm to the children, it will be very hard to change the visitation .
Ex-Con on the property might help you.
check out my website - www.michelottilaw.com
email me if you have any questions - joe @michelottilaw.com
Re: visitation
It does not sound like there is any evidence of injury or risk on the part of the husband. Your niece may bring this to the attention of a judge, but simply not liking his neighborhood is not enough normally.
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