Legal Question in Family Law in Illinois
Visitation rights with my daughter
My daughter was born in Chicago, IL and I live in Canton, IL. She resides with her mother who will not allow me to see her. I want to fight for visitation rights but I need to know if I can file in Fulton County or if it has to be filed in Cook County. There is currently nothing filed but if I can file her I would like to. Can you help?
2 Answers from Attorneys
Re: Visitation rights with my daughter
The answer is almost surely to file in Cook. Has there been anything in court before? First big question, are you the LEGAL father? Either through court order or Voluntary Acknowledgment of Paternity? That's the first step. If you are legal father then you should be right for Petition to Set Visitation.
Re: Visitation rights with my daughter
You would file in Cook, since that is where she is. I assume you are the father (you signed a Voluntary acknowledgment of Paternity). This process is not particularely difficult, you need to have a Petition for Establishment of Parental Rights filed and go to court. Once the judge issues an order for the mother to allow visitation along a set schedule, all aprteis will have to comply or face sanctions or worse from the court. That is the right way to handle this.
This type of petitions will cause the other party to fight it, since she does not want you to see the child. So to insure the best outcome you should consider hiring an attorney. If you would like to discuss this matter further, feel free to contact my office. Good luck.