Q: Once an OP expires for domestic battery on a child, will a judge force my son to be a part of his dads life?
My son resides with me and recently an OP for abuse expired and now his dad is trying to make contact. My son is 15 and fears him. Doesn't want a relationship with his father at this point. Will a judge order him to anyways? Or will it be my sons choice?
A: A judge will rule based on the evidence presented and how it is presented. Although public policy in Illinois favors the involvement of both parents in a child's life, this public policy can be overcome by persuasively presenting facts to the judge demonstrating he or she needs to consider your son's case differently. The type of abuse your son suffered, how long it occurred, whether the father presents an ongoing threat and so on are among the factors the judge will take into account. The judge is also likely to consider whether your son required therapy as a result of the abuse and whether the father has been involved in therapy to overcome whatever problem led to the OP.
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