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What happens at a visitation hearing?

Havana, IL |

Both parents have went to mediation and reached a partial agreement . Hearing on remaining issues has been set . Mother only willing to give every other wend visits . Father wants at least 2 days a week . Do both parents have the " burden of proof " as too the best interest of the child ?

Attorney Answers 5

Posted

You should not worry so much about who bears the burden of proof and instead focus your energies on working with your attorney to make sure he or she has the evidence, witnesses, and testimony necessary to meet your burden.

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Asker

Posted

In an effort to better assist my attorney but not in gulf him in paperwork, email ect. I am asking to better understand my legal position and be a well informed client.

Posted

The parent who filed the motion proceeds first but both parties should be represented by counsel. It is in everyone's best interests to keep the lines of communication open and to reach a compromise.

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Asker

Posted

thank you. I have tried to compromise but both attorneys feel mother will not budge so they set the hearing.

Judy A. Goldstein

Judy A. Goldstein

Posted

You did not mention you both have attorneys. You will both put on your cases and the judge will decide. What a waste of time and money. :-(

Asker

Posted

Yes a big waste. I feel like I'm having to buy time with my child.

Posted

Yes that is correct and not always easy to actually prove. Compromise is always better. One evening per week and every other weeked is standard. Why go to hearing when that is most likely what the judge will order? The midweek is not overnight.

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4 comments

Asker

Posted

I don't want to be a "weekend" dad and I wish for more than the "standard". How can a parent truely PARENT their child with that minimal schedule?

Peggy M. Raddatz

Peggy M. Raddatz

Posted

talk on the phone nightly, go to all school events, help with homework, be involved with teachers, activities, friends. Go to all extracurricular events. Be the babysitter under first right of refusal. Have 1/2 spring and wintwr break. add Mondays off to your weekends. Get more summer visitation. Got the idea? Maybe you need a lawyer?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

one evening a week and every other weekend is no longer standard. equal time is more common. if it is ok for the dad, if that is enough time, then flip it. let the kids live with him and let her have alternate weekends and every weds evening. she will scream that that is not nearly enough. then she understands his situation. one of the custody factors is the ablility to facilitate a relationship with the other parent. sounds like she refuses to do that.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I respectfully disagree with counsel.

Posted

Both parents will have to present evidence as to why there respective proposals for custody/visitation are best for the child. Judges assigned to cases in your county will want to hear concrete evidence why father's proposal is in the best interest of the child because what he is asking for is a bit out of the norm than what is usually awarded. Judge Tucker and Judge Butler have fairly conservative views regarding traditional roles. Dad will want to stress that his proposed schedule will not be a detriment to the child because of his proximity to school, schedule, availabilty.

Good luck to you!

This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.

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Posted

The party opposing the visitation petition will have the burden of showing [by a preponderance of the evidence] that father's visitation motion seeks relief that is NOT in the best in the interest of the child. The burden has been described as deliberately "stringent" and "onerous."

The "presumption" is that Father is "entitled" to "reasonable visitation rights."

The decision wil depend on facts not specified by you. For example, the age of the child matters. The custodial preferences of the child matter, as they grow older and are capable of making mature decisions.

Chances are Father will prevail unless the child is very young or Father has a time-intensive job, for example.

If the child is about 12, for example, Courts tend to grant one weekday overnight and one evening for 3 hours or so [to eat dinner, etc.]

In the end, however, the person likely to prevail is the parent with a superior counsel--one who is exceptionally knowledgeable in the law and has accumulated excellent evidence in support of his client's position.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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