The child is 11yrs old. The NCP has never been involved in the child's life. The NCP did not obey past orders (failed to show up to visits). Now, the NCP wants visitation. All requests for visitation were initiated after I requested an increase in child support.
The request was for every other weekend. The child has social and sport activities on weekends.I was not married to the NCP
it matters if you and the ncp were married to each other. if so, the test is does he seriously endanger the child? if not, he gets unrestricted visits.
if you and he were not married to each other, he has to prove that the visits are in the best interest of the child. in re j.w. illinois supreme court. google it.
You should find a local attorney to fight this for you. You will need to take your custody documents to the consult so the attorney can explain what, why and how things are happening. You probably can't get a better guiding answer on Avvo because no one knows what the documents say, and we can't provide legal advice even if we had the documents in front of us. Again, find a local attorney, do not ignore this.
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I agree with Gary's analysis and would add that you should consider strongly hiring a lawyer for this no matter what standard applies.
My colleagues are absolutely correct. You raise important, but complicated, questions. You really need to consult with an experienced family law attorney to understand the law and consider your legal options.
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