Hello, I am asking this question for my brother as he is concerned about custody agreements (no judgement please). So right now the child currently resides 4 hours away in another state with her mother and grandparents. A little back story is from July 2017 to November 2018 the mother was an awful meth and heroine addict, did not see the child and got in a lot of legal trouble (multiple arrests). During this time father had custody and raised daughter with his girlfriend. He had a few incidents involving domestic violence (child wasn’t present, still wrong) and he lost custody in April of 2019 due to traces of cocaine in his system. Since then he has worked hard in attending anger management, weekly drug tests, got a job and his own place. While he realizes he had made mistakes he still wants a relationship with his child. However, the mother thrives off of this stuff and uses child against him. She’s even made comments that they would hire an attorney for the child and make him pay half because they know he can’t afford that (her parents are wealthy) He is wondering what the possible outcome is when he files for visitation? How much would they allow him?
there is no they to give him visits. there is only one judge who would make that decision.
in which state is the court case now? his or hers? if hers, he should find a lawyer in that county with whom to discuss the case. if his, then he should find a lawyer in that county to discuss the case?
is there a custody visit order now? is it being followed? from which state is that? why not investigate court in that state? is that where he lost custody? did that court order end all contact between father and child?
they would not hire a lawyer for the child if the case is in illinois. the judge may appoint one. as to paying half, not necessarily. the fee may be divided in ration of financial ability including income and assets.
have your brother go get a copy of the entire court file about this child from the offie of the court clerk in the county in which the case is. have him take that to a lawyer in that county for real advice. there is no way based on what you wrote we can tell you what visits they would give him, if there was a they to give visits.
It’s impossible to determine how the court will rule . But clearly if he dirs nothing he is not going to be seeing his child. He needs to be proactive and hit a lawyer and file for parenting time. The case is complicated by issues on both sides and also the distance between the parties. Yes an attorney for the child could be appointed and has to be paid. The cost is determined by the court by looking at the parties Financial Affidavits. We can not determine what the outcome will be . The court has a lot of discretion. Most parties always get some dirt if parenting time. It could be supervised parenting time or it might not be. Those are all issues the court will look at.
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You are right, a guardian and litem could be appointed to investigate what is in the child's best interests. But payment could be allocated according to the incomes of the parties. Your brother could also try filing as an I regent person and if he qualifies, fees for the guardian may be waived by the judge.
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