How can i prove that its in my daughters best interest to not visit her mother? The living conditions are pretty nasty.

Asked 10 months ago - Moline, IL

The home consists of four children living in a very unclean environment without beds of there own. My daughter regularly comes home with bed bug bites covering at least 50% of her body, she is rarely clean and never gets baths/showers. She also regularly acts up at school after visiting her mother. I know that there has been previous drug/alcohol abuse in the home but her mother is now pregnant again and I see no signs of abuse.

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . Hire a lawyer and seek restricted visitation.

  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Sounds like you have a basis for modifying visitation. She should not be in that infested environment. The visitation needs to be revisited and it might even rise to the level of an emergency. Take photos of the bites and consult with a family law lawyer ASAP.

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  3. Gary L. Schlesinger

    Contributor Level 20

    6

    Lawyers agree

    Answered . were you and mom married to each other? the answer is important as there are different visit standards.

    if you and she were married and divorced, you have to show that the visits seriously endanger the daughter to restrict them. but reducing the time is not a restriction. that test is best interest. if the house and environment is so bad, then reducing the time does not solve the issue. restricting them to not at her house does. then you are left with serious endangerment.

    if you and mom were never married, then the test is best interest based on a new illinois supreme court opinion, in re j.w. but if she has visits now, does the case help you to reduce or limit them? we do not know yet.

    so, take all your papers to a lawyer for a review and consultation. ask the lawyer if he or she knows about jw. if not, find another lawyer.

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