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

Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring evidence and witnesses. I am currently unemployed, and feel pretty hopeless. Any advice on what evidence i should bring and how to handle this would be greatly appreciated. The only criminal record I have is a misdemeanor battery charge from before I was 18, before my son was born, but somehow she says she has enough evidence to make me never allowed to see my son again and Im just very worried im going to lose him. All i want is every other weekend overnight visits. Me and my fiance own our home so we have a safe place for my son, and reliable transportation. She offered for me to see him twice a month until september 2020, then overnight visits but that seems very unfair and unnecessary.

2 Lawyer Answers
Marilyn  Johnson
Marilyn Johnson
Answered
  • Divorce Lawyer
  • Orland Park, IL

A: From what you have alleged,there appears to be no basis for the court to delay overnight parenting time with your son for a year. As he is three years old and you do not have a relationship with him, you will first to establish a relationship with him before overnight parenting time can start. Additionally, you state that you were charged with a misdemeanor ,so that charge with no conviction should not effect your parenting time.

1 user found this answer helpful

James G. Ahlberg
James G. Ahlberg
Answered
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: Opposing parties frequently claim they have evidence that will keep a person from ever seeing his or her child again. It's nonsense -- don't worry about it. If such evidence existed you'd know what it was. And Marilyn Johnson is right in saying the misdemeanor battery shouldn't matter (unless you battered a child of yours).

1 user found this answer helpful

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