Legal Question in Family Law in Illinois

My wife has sole custody of her daughter. Her ex husband has visitation a few hours each week with no overnights. He has had this for a little less than a year, but didn't know his daughter prior to that. She's now 6. He is asking us to take her out of state to Missouri, which is about 8 hours away from us. He wants her to meet a grandmother who has cancer, which according to him is terminal. His daughter has never met her before. He wants to do this by agreement, or is threatening to take it to court if we don't agree. We have concerns about her going with him overnight, where she would stay, and meeting a woman she has never met before, who may or may not be hospitalized, and the effect this would have on her. We also have concerns about her being alone and traveling with him overnight, which she has never done before. The visitations occur in such a way that she is dropped off and then picked up later that same day. How is a judge likely to view his request? How likely is it to be granted? Would the judge entertain the idea of a compromise, such as my wife or myself driving her down there and taking her back home so she could still meet the grandmother?


Asked on 5/07/12, 7:17 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Offer the compromise you are suggesting. Do not waiver. Do not agree to allow him to take the child on his own. Tell him the court must approve his request before your daughter goes anywhere. If he agrees to the compromise, then prepare an agreed order with very specific details and walk it into court for the judge's signature. If he won't agree to your compromise, let him take it back to court. Can't imagine the court allowing what he is asking for. Do not let your wife go alone if the plan is agreed to but don't refuse to take the child to see her grandmother just in case father is being truthful. If he's not, grandma is either going to "die" or have a miraclous recovery but be too weak to visit. Good luck!

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Answered on 5/08/12, 4:20 am


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