Legal Question in Family Law in Illinois
Serious visitation issues
My daughter's father is threatening to take me to court for visitation rights. He filed his third attempt at social security disability benefits and succeded (constant work comp injuries and claims). He finally admitted to purposely injuring himself but thats another issue!! In the past he has told me he cannot care for our daughter since he is disabled. I worked, paid a sitter over 5K a year with no contribution from him and he hunted and fished all day. I want him to see my daughter but do not want him to have overnight visits due to his alcohol abuse and drug usage by his other daughters living with him. What can I do at this point? He can afford an attorney since he has sued everyone in 3 counties and received a few settlements, I cannot afford to pay so much.
2 Answers from Attorneys
Re: Serious visitation issues
Try mediation first. Unless you can prove he is a serious danger to the health and welfare of the child, I do not believe a judge will prevent overnight visits.
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Re: Serious visitation issues
Well, parents have visitation rights regardless of how they treat the other parent. If his behavior puts the child at risk however, that can be used to prevent expanding his visitation. What county are you in, and how long ago was the current visitation order put in effect?
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