I get every other weekend supervised visitation with my 1 yr old. The visitation is beieng dnied for the 6th time. What can I do

Asked 12 months ago - Chicago, IL

The supervision is done by my family. He has taken our child out of day care and has not notified me of the new one. The station where we meet want give me anything in writing when he doesn't show for the visit, and the judge usually throws my petition out when I tell her he is keeping my son from me. This is causing mental breakdowns of my other children. My child thinks I'm a stranger. The judge took my unsupervised visits for reporting to the police about threats he made and being afraid to return our child. Should this be enough to convience thejudge to let me have custody of our son, not just visitation. I have no bound with my chid because of the visitation constant abuse.

Attorney answers (4)

  1. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . these facts presented are confusing and difficult to understand. I think it is unlikely you are going to get custody if you now have supervised visitation. As to denial of visitation you need to get a lawyer to handle this,

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  2. Gary L. Schlesinger

    Contributor Level 20

    4

    Lawyers agree

    Answered . it will be very difficult to go from supervised visits to your having custody.

    if you have a court order that says the date time and place of the visit transfer and dad does not show up, call the police to make a report of it. ask the police to issue a citation to him for visit interference. most likely they will not but no harm in asking.

    do a petition for visit interference under 750 ilcs 5/607.1. but if that is successful, then no criminal prosecution and the reverse--you do not get both but try to start with both.

    bring a witness with you to the visit transfer to testify that dad was not there.

    try to get the transfer place moved to a burger king or mc donalds. when you get there, buy a coke. you get a time stamped receipt. it proves you were there. keep those for court.

    go consult with some lawyers to get some ideas on how to proceed.

  3. Laura Diane Horner

    Contributor Level 9

    3

    Lawyers agree

    Answered . When dealing with children you have to take it one step at a time. Going from your child not having a bond with you and supervised visitation to custody is a big leap. You first need to make sure you get all the visitation that you are allowed through the court order. You need to prove to the judge that you are not getting the visitation. You could bring someone with you to testify that your ex is not bringing the child for the visitation. You could also request that the meeting place is changed to a public place where you could take a time stamped picture to show you were there and he was not. You should also have a copy of the court order for visitation with you so that when he does not give you the child, you could call the police and make a report. Once you do have consistent visitation, you then need to increase visitation to unsupervised and then overnight visitation. After you have overnight visitation, you might be in a position to ask for custody of the child. Sometimes building visitation is a long process but it is worth it.

  4. Scott David Levy

    Contributor Level 11

    3

    Lawyers agree

    Answered . Try consulting with a local attorney or contact the local bar association about a referral regarding your specific issue.

Related Topics

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Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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