QUESTION

is my x vialating my rights to visit my child?

Asked on Jul 06th, 2012 on Family Law - Illinois
More details to this question:
my x and i broke up in september, she tells me i cant come around or she cant drop off my child at a family members house. accourding to her, its because shes not ready to see me, she also said that my child is doing better with out me, and thats why i cant see here. their has been no reports on demistic violince that prevents me from seen and spendind time with my child
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1 ANSWER

It is had to provide any direct information to you.  The problem is clear as there is no contact being allowed with your child.  You, however, failed to say whether she is your ex-wife or ex-girlfriend.  This is an important distinction as, if she is your ex-wife, there would be visitation provisions in the divorce decree.  You could then look to address these problems by enforcing the terms of that decree. Based upon your question, it would seem this is not our situation and there is no court order.  The question then becomes one of establishing visitation rights.  This can be done via a paternity court proceeding.  A petition for visitation that acknowledges parentage would position the court to enter visitation orders.  Once the court rules, you can have police look to enforce the order, seek contempt sanction for any violation, and the law also provides for suits for unlawful interference with visitation. The key is to establish an enforceable right to visitation.  It may be that you have already acknowledged paternity or this would need to be done in court.  You would then seek visitation as dad.  The court could order mediation or conduct a hearing or look to conduct a hearing after mediation.  In turn, the ex will probably look to obtain a support order.  This, too, would be ordered by the Court. Based upon the stated conduct of your ex, the suggestion is that you should immediately seek legal advise on these points.  Your situation is clearly fact driven and much of that information was not provided in your inquiry.  A parent has rights, but those rights need to be detailed in a court order to be truly enforceable.  With the hostility you are experiencing and the actions taken to keep you away from the child, contested litigation would be expected.  As a result, you should seek an attorney experienced in child visitation and support matters in your county. Should you not know of any such attorneys, a quick internet search would provide some names of attorneys in your area.  Their respective website would also provide you with an overview that may help you better understand your situation and identify your concerns and goals.  Many counties also have a bar association that has a referral service.  That would be a good starting point in looking for an attorney.
Answered on Jul 12th, 2012 at 5:06 PM

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