QUESTION

my two children live with there mother. i would like to see them and im asking what kind of rights do i have?

Asked on Jan 19th, 2012 on Family Law - Illinois
More details to this question:
i''ve been with the same woman for over a yr now and i have 2 children with my ex she refuses to let me see my girls unless i break up with the woman that i am seeing sayin that her kids will not be around her or in a drug house neither one of us do drugs the house is clean and there is always food in the house. i have a room clothes and toys for my kids but they have never seen any of it. i am also on both of there birth certificates. my ex works 6 days a week and sees our daughters 2 hours a day and they are with a sitter the rest of the time but still refuses to let me watch them i have even told her that i will watch them in her home where they are not around my girlfriend and still wont comply with my requests. she has even went as far as to change her phone number so that i can not contact her or my children.. what can i do to see my children and what kind of rights do i have?
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1 ANSWER

What you have is an issue that requires judicial intervention.  It seems that there is no ability to resolve matters between the two of you.  A petition with the court, where you acknowledge paternity and look to secure visitation, would be an option.  Once you are established as father (legally), you will have the rights that go with being a father.  This includes, among other things, the right to visitation.  The resulting court order can then be enforced against her should she continue to refuse visitation to you. Although you may be able to do this without an attorney, legal counsel is always advised. This would insure that your issues are well presented to the court and that you proceed in the best fashion for the goals you wish to achieve.  An experienced attorney will also be able to negotiate you through the judicial system, which can be overwhelming when someone looks to represent themselves. Additionally, if you admit paternity, you should expect a court order for support being entered against you.  In Illinois, the likely amount would be 28% of your statutory net income.  Since income and deductions can be complicated, this is another reason to secure an attorney.  By meeting with counsel, you will be provided with legal advise that addresses all the various issues facing you.  You should, therefore, be in a better position to make an election as to how you wish to proceed against the mother of your children. Should you not know any attorneys, most county bar associations maintain an attorney's referral list.  You could obtain a few names and then search them on the internet and make an appointment to review your situation in person.
Answered on Jan 24th, 2012 at 5:46 PM

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