Charlotte, NC asked in Child Custody, Divorce and Family Law for Illinois

Q: My wife refuses visitation with our child post-divorce announcement. What are my options in Illinois?

I told my wife that I wanted a divorce, and she took our three-year-old child and started living with her mom about a week ago. She is now refusing to let me see our child, citing concerns that our family home isn't safe. I haven't been able to visit my child at her mother's place, as her mother has also prohibited me from coming there. We have no existing court orders or custody agreements. I have attempted multiple times to communicate with my wife about visitation, but she still refuses. What should I do to see my child?

3 Lawyer Answers
Brian W. Reidy
PREMIUM
Answered

A: You need to get into Court as soon as possible. Unfortunately, Courts are your best remedy available when spouses cannot agree. I would contact an attorney near you to review your options so that you can get parenting time.

Cheryl Powell agrees with this answer

A: So are you waiting for a judgment to be entered? Call your lawyer. No lawyer? Then you need to hire one. A look at the transcript will tell you if you can file a rule to show cause yet or not.

James L. Arrasmith
PREMIUM
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Answered

A: Since you do not have a court order or custody agreement in place, your next step should be to file for emergency custody or visitation with the court. This will provide you with a legal framework to enforce your right to see your child. Without a court order, your wife has more control over the situation, but a judge can intervene and set clear guidelines for visitation.

In the meantime, document all your attempts to communicate with your wife about visitation, including any refusals or blocked attempts to visit. This evidence will be helpful in court to show that you’ve made an effort to maintain contact with your child.

You should also consider seeking legal help to file for temporary custody or visitation. The court will make decisions based on the best interests of your child, which includes ensuring both parents have the opportunity to maintain a relationship with their child unless there are safety concerns.

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