Bolingbrook, IL asked in Family Law, Child Custody and Child Support for Illinois

Q: My sons dad was threatening me to give him my son or he’ll call the police but order expired ‘14, what can i do?

My parents and i will be picking and dropping him off since 2012. And i just noticed the order has expired. And he always said he was bein so nice to pick up his son up, and said it my responsibility, he will always threaten me to call the police (me not knowing the order was expired) so he’ll always demand me telling me what do to and whats goin on, i have a fiancé and he doesnt like how he’s asking about my personal life. My son doesnt like goin to his house because his dad doesnt pay attention to him or is nowhere to found. almost a month ago i told him that the other was expired and requested him to pick up his son and he told me that i cant keep his son away from him i told him i wasnt that he cant pick him up and drop him off, and he didnt want to, so he told me “ im giving you child support that doesnt expired from seeing my son” and he was also calling me names and telling me i had 15mins or He’ll go to the police station. And i just never replied to him.

1 Lawyer Answer
Jason L Traub
Jason L Traub
  • Divorce Lawyer
  • Yorkville, IL

A: I'm assuming the "Order" your referring to is an Order of Protection, as that is the only type that would expire unless otherwise vacated or modified by court order.

In order to set up transportation arrangements, parenting time, and statutory child support, you will need to contact an attorney to have a Parenting Plan drafted. The Plan will designate who makes major decisions for the child (joint or sole), and the parenting time (visitation hours) for both parents.

Short of that, it will continue to be a "Wild West" situation, where neither parent has very much leverage over the other. The exception would be if he has not yet petitioned the court to establish his rights as the father of the child: if he has not yet done this, he is not legally recognized as the father, and you can essentially make the rules and call the shots until the Father establishes his rights in a court of competent jurisdiction.

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