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Q: visitation in Illinois ( Answered 4 out of 5 stars,   1 Comment )
Subject: visitation in Illinois
Category: Family and Home > Parenting
Asked by: mich0320-ga
List Price: $25.00
Posted: 14 Apr 2005 05:58 PDT
Expires: 14 May 2005 05:58 PDT
Question ID: 509112
Can my son's Father exercise his "residential" time with my son in any
way he chooses?  SPecifically,  he will be out of town on his night
with my son and refuses to tell me with whom he will leave my son? 
Can he leave him with whomever he chooses on this night?
Subject: Re: visitation in Illinois
Answered By: tutuzdad-ga on 14 Apr 2005 06:51 PDT
Rated:4 out of 5 stars
Dear mich0320-ga;

Thank you for allowing me to answer your interesting question. As in
many states, the rules in your ?specific? situation are more than
likely set out in your particular divorce decree and/or subsequent
agreements or orders of the court (i.e., what the Judge ordered, the
kind of custody you have been awarded, the visitation arrangements,
the time of year, the circumstances surrounding the visitation, etc).

Typically family courts tend to side more with openness/communication
rather than privacy/secrecy where these matters are concerned. Most
judges believe that parents are entitled to know anything and
everything about their child and his or her welfare on request. As a
rule, courts often frown on one parent who denies another parent
information or access.

?The guidelines for visitation should be agreed upon promptly to
prevent any future misunderstandings. It is the responsibility of the
parents to arrange for a reasonable schedule of visitation. Failure to
do so in a timely manner will force the court to assume complete
control. This discussion should be approached by both parents openly,
in order to thoroughly address the central issues of when, where, and
for how long.?


The problem here often comes from the urgency of the necessary
information and the unwillingness on the part of one parent to comply
with the wishes of the other. In other words, one parent may be
entitled to know something about a child but if the other parent is
not cooperating, the situation often comes and goes before the
requesting parent gets the information they are looking for (if they
ever do).

If you have issues with the way your child?s parent is behaving (i.e.
denying you information or access to your child) then you will, in all
likelihood, be forced to address the issue through the courts. You may
actually get some satisfaction by having your attorney draft a
carefully worded letter to your child?s parent conveying your
displeasure at this situation and your readiness to take him to court
if it is not corrected in the future.

?If the judge believes genuine cooperation exists between the two
parents, a detailed visitation schedule may not be formally drafted.
However, it is in everyone's best interests to prepare as detailed a
schedule as possible, because it is impossible to predict what
complications the future may bring.?


Like all states, the general rule in Illinois is not what is
favorable, comfortable or convenient for the PARENTS, but what is in
the best interests of the CHILD. It is indeed in the child?s best
interest (in most cases, and in most courts? opinions) that the child
has unimpeded access to both parents and both parents to the child.

?It is typically important to always bear in mind that the child has a
right to maintain an ongoing relationship with both parents. Once
arrangements have been made, they should not be deliberately
interfered with or ignored.?


Can your child's father leave the child with whomeever he wishes?
Well, generally speaking, the answer is both yes and no. Under normal
circumstances he CAN leave the child in the care of someone he knows
to be responsible, in the same way that you might do. He CANNOT leave
the child with someone who's presence is not in the best interest of
the child, or in a manner contrary to the visitation agreement/rules.

There are several interactive boards on DIVORCESOURCE where you can
discuss your situation with others who perhaps have some personal
experience in these areas. By policy we cannot provide legal advice in
this forum but I do wish you luck.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher


Defined above



Google ://







mich0320-ga rated this answer:4 out of 5 stars

Subject: Re: visitation in Illinois
From: expertlaw-ga on 17 Apr 2005 09:25 PDT
If your ex- is making a habit of refusing to disclose who is providing
child care for your son, or contact information for the child care
provider, you may wish to review with your attorney whether your ex-
is obligated to provide that information under the laws of your state
or the terms of your custody order. If he is not obligated to provide
the information, again assuming this to be a recurring problem, you
may wish to consider petitioning the court to impose a reciprocal
requirement for disclosure. (Why reciprocal, even if you aren't
withholding information? Because judges are more inclined to grant
such orders when they bind both parties.)

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