Legal Question in Family Law in Illinois

My wife and I have been married for 4 years. We are now separated with a five month old baby girl. We have been separated for about three months. She now stays with her sister. Up until 3 weeks ago I would go regularly over to my sister in-laws home to see my daughter after work. I was going just about everyday, but they changed my visits to every other day. But while having my last couple of visits my sister in-law started to show her true colors and would get in the middle of me and my wifes discussions. And a few time she would raise her voice at me. The situation was starting to turn bad fast. So I told my wife that I want to take our daughter outside of her sisters house to have my visits. My visits are only about 4 hrs. My wife says I can't take my daughter and that I am welcome to come by the house. But like I said before, I don't feel comfortable in that house and I see it getting ugly fast. And I am trying to protect myself in the future cause I plan to go for custody of my daughter. Does my wife have the right to keep me from taking my daughter for a visit. If not what can I do about it now before I take her to court, because I haven't seen my daughter in three weeks. I feel helpless like I'm at her mercy or something.


Asked on 5/17/10, 9:32 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

The only thing you can do is go to court. Although legally neither you nor your wife has legal, custody of the child, a court would not look kindly on self-help on your part. If your sister in law will not leave, you need to obtain a court order resolving this issue.

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Answered on 5/31/10, 5:57 am


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