QUESTION

What kind of visitation rights could the father of my son get if he hasn't been in his life since right after birth?

Asked on Jun 25th, 2015 on Family Law - Illinois
More details to this question:
My son is 9 months old. The father and I were never married and the relationship didn't work out. He came to the hospital when he was born and also came to see him for the first 2 weekends after his birth then stopped coming around at all. But despite my multiple attempts to invite him to our home and my offers to bring him to his home, he never responded. We recently went to court over back child support, even though he was fired from his job and hasn't paid anything for over 3 months. He was angry when the judge ruled in my favor and immediately filed for visitation, obviously out of spite. Our son doesn't know this man at all and the fear that I will be forced to hand him over to a complete stranger (to him) brings a wave of panic thru me. Will there be a "getting to know you" period? Can I petition for supervised visits until my son is comfortable? I also need to add that there is past drug use and possibly present use, I don't know. How might this go in court? I live in Illinois.
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Hello, Anonymous. Generally, when one parent has been absent for a prolonged period of time, the Courts will look to have a reintroduction schedule to act as a "getting to know you" period for the child's benefit. This is all up to the Judge, of course.  The father does have certain rights, one of which is access to the child. So you will not be able to totally bar him from seeing his child. If substance abuse is a valid concern, that should be brought to the Court's attention. However, because this is a serious charge, make sure you have reason to assert such an allegation. If there is a basis for it, the Court may order a drug test. (Judges can be a little leery about such accusations because people throw them around all the time to tarnish someone's reputation, so do make sure you can explain your concerns to the Court on this issue.) Finally, I should note that the issue of child support is a completely separate issue from visitation. He is not paying child support in exchange for visitation, so being behind on child support will not bar him from seeing the child. Many people hold this mistaken belief, so if you go into Court knowing that this is not the case, you will already be one step ahead. I hope this helps.
Answered on Jul 14th, 2015 at 9:15 AM

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