Legal Question in Family Law in Illinois

visitation schedule conflict
hi. my boyfriends ex has sole custody. at the time of the divorce he got visitation every other weekend. well, because of work or more recently a death in the family, he has to say he can't have his daughter on one of his weekends-she flips out yelling and screaming, saying she had plans but now she will have to cancel them. basically, he wants to see his daughter but sometimes life intervenes and she seems to look at him as the every other weekend babysitter so she can go out. he wanted joint custody but she wouldnt give it to him. is it right to point out to her that she got what she wanted-sole legal custody, which means she is the only one legally responsible for the day to day care of their daughter? not to say he doesnt have a responsibility-he does, she is just really irrational and constantly fighting with him over it. he doesn't know how to explain to her that because she has sole legal custody, she is responsible for caring for their daughter. she will say things like it's your weekend, i have plans, figure it out (this is when his uncle died) and yell and scream and he doesn't, nor should he have to listen to that. he doesn't know the correct legal verbage for rationalizing with her on this.

thanks.

Asked on 12/28/07, 12:24 pm

2 Answers from Attorneys

John Steele Steele Law Firm

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Re: visitation schedule conflict

Well, unless there is more to this than you explained, both parents have joint legal custody,with sole physical custody to the mother. The mother does not have sole legal custody and physical custody. So both parents are responsible for decisions and care. As to visitation, things come up, and one parent can make it difficult if they want. The mother may not have to switch a weekend, in other words the father may just be out one of his weeks. But there is no real legal effect of missing a weekend.

Answered on 12/28/07, 1:07 pm

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