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What is standard visitation for a newborn in the state of IL?

Mchenry, IL |

I currently have a pending divorce. I have an unique situation in which I am almost due to give birth to my soon-to-be ex husband's unborn baby. I have two grounds for divorce: irreconcilable differences and mental cruelty. I just filed a police report for telephone harrassment by my spouse. I have months of harrassing email as evidence as well without any response from me stating my spouse wants nothing to do with the baby. I am going to be breastfeeding the baby and I'm concerned about what is reasonable visitation of a newborn infant? I do not wish my bonding and breastfeeding to be interrupted at such a crucial time and received professional opinions that the baby should not be allowed to be taken away from it's mother for visitation up until the baby is 6 months to a year.

The father however can have visitation for 1-2 hours every other weekend and be worked up from what I am told. How do I fight this belief in court? I don't believe my spouse should be made to look like an angel and granted just any type of visitation he wants. If there is not a standard visitation guideline to go by ... then how is it determined?

Attorney Answers 1

  1. In Illinois, public policy generally favors liberal visitation, as visitation is a right not a privilege and because courts generally believe the child's best interests are served by having a relationship with both parents. However, a custodial parent can seek to place restrictions on a non-custodial parent's visitation. Restrictions in visitation can include a prohibition of overnights or a requirement that visitation occur in the presence of a third party (supervised). In order to restrict the non-custodial parent's visitation rights, the custodial parent has the burden of demonstrating that regular visitation would seriously endanger the child's physical, mental, moral or emotional health. This is where the child's age would come into play.

    It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the facts and documents at issue. Consequently, this response does not constitute or establish an attorney-client relationship but is offered for general informational purposes only.

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