There was an order of protection in place for two years. Now that that has expired and we are going to court soon to establish visitation, the father is asking for unsupervised visits. I do not believe this is the best interest of our daughter for the following reasons: 1. He does not have a valid driver's license (would not be able to drive her). 2. He has threatened to flee to mexico with her numerous times (he is an illegal immigrant). 3. I obtained the order of protection due to our daughter witnessing a violent act on his then girlfriend (now fiancee). I do not want to deny visitation (I know that I cannot), but I do not want him to be able to make his threats true. Am I able to supervise the visits if he does not want to go through a facility/pay?
You probably won't be allowed to supervise, but the court could authorize a third-party, like a grandparent, etc. I'd really push for the paid facility, however - this seems like a situation where the court needs to enforce the supervision strictly. And, you need to make your concerns clear to the court.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
Please secure the services of an experienced family law practitioner. There are too many things that could go wrong if you try to represent yourself. If there is no visitation order in effect, the father may not be entitled to any, but at the very least, you can refuse. However, either or both of you will eventually wind up seeking relief from the court. Please do not rely on the previous answer as that attorney is not licensed in Illinois and has provided inaccurate information. In fact, you should not rely on any general advice you receive here as we do not have sufficient information. Do not take any risks with your child's life and safety.
the real answer to your question is that if you can prove, at a court hearing, that the visits would seriously endanger her physical, mental, emotional or moral health, the judge should order the visits to be supervised. if you cannot prove it, you cannot get it.
try to go back to the op court to have the op extended. that may not work if it has expired, but it may be worth a try.
hire a lawyer in your county. do not try this yourself.
I suggest you do two things, in this order:
1. Go back to the Judge that issued the OP and ask that it be extended, for the reasons you list.
2. If that does not work, hire a family law attorney in your county to move for an extension of the OP or to move for an order of supervised visitation.
So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any free advice at your sole risk. I am licensed in IL, MO, TX and am a Reg. Pat. Atty. so advice in any other jurisdiction is general advice and should be confirmed with an attorney licensed in that jurisdiction.
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