Legal Question in Family Law in Illinois

Visitation

I was wondering if a father has rights to his daughter if the mother won't let him see his daughter. He hasn't seen her in 8 months and the mother doesn't want his help or anything. We want to be able to see his daughter but don't have the money to hire a lawyer. What could we do?


Asked on 9/10/02, 10:37 pm

1 Answer from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Re: Visitation

A legal father has many rights in his child. The right to obtain court-ordered visitation with the child is one of these rights. If the father has court-ordered visitation, and the mother refuses to honor the court-ordered visitation, this is visitation abuse. In Illinois, the law mandates that courts provide an expedited procedure for enforcement of court-ordered visitation whenever there is visitation abuse. If the court concludes that the mother�s refusal to permit visitation is vexatious and constitutes harassment, the mother will be liable for attorney�s fees of the father. I am confident there are many very skilled attorneys in your area who can meet your needs and advise you regarding modifying or enforcing of this father�s visitation rights.

Of course, if the biological father of a child is not the LEGAL father (e.g. the husband in a marriage when the child was conceived or born, the father whose paternity has been established in a court proceeding, other methods), then the father is a legal stranger to the child and has NO RIGHTS in the child. If the case you describe is one where a biological father�s paternity has not been adjudicated, it's time for him to get it done. See a lawyer about this.

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Answered on 9/11/02, 3:45 pm


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