QUESTION

My wife moved out three months ago and took my 2 yr old and 4 month old and will not let me see them at all.

Asked on Sep 28th, 2012 on Family Law - Illinois
More details to this question:
What can I do now legally to get visitation rights? I cannot afford a divorce right now but want to see my kids.
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1 ANSWER

The best suggestion is for your to consult with an experienced attorney in family matters.  While you indicate financial matters preclude a divorce, such a filing may be the most expedient path to a visitation order. Visitation rights are just that - rights secured via a court order.  An order can set forth specific times, dates, places, and address transporting issues of the children.  Once obtained, enforcement can occur via contempt proceeding in court or with the assistance of police, who would look to enforce the pick-up provisions of the order.  This will require the filing of pleadings with a court and a court order awarding you visitation with your children. It may be possible for you to secure professional advise for a pro se (representing yourself).  Some counties have attorneys at the clerk's office to assist individuals with preparing pleadings;  other counties have referrals to attorneys that provide legal advise and can help you to understand the steps needed to secure a visitation order.  Again, the starting place is for you to meet with an attorney to determine the best course of action to assist you in seeing your children.  This is especially true if there are other issues, such as potential leaving state or abuse or other forms of misconduct. If you are unsure where to start, check with your county to see if there is an attorney referral program.  That should provide you with the names of local attorneys experienced in such matters as yours.  You could then review their website and contact them for assistance.  
Answered on Oct 01st, 2012 at 3:42 PM

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