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Illinois: father Visitation rights of newborn.

Champaign, IL |

I am currently pregnant and would like the know if I have to give the father overnight visits once the baby is born or if we can wait at least 4 mo. He and I briefly dated and he hasn't contacted me at all regarding the baby. I will let him know when she's born and will encourage a relationship. I am just uncomfortable letting my new born stay all night when he has zero experience with children of any age.

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Attorney answers 2


Hello. Your concerns are appropriate. No, you do not have to immediately allow dad overnight visits with your newborn. First of all you should file a complaint to establish a father and child
relationship. Even if dad signed a voluntary acknowledgement at the hospital, I still suggests filing such a case. This will get the court involved so that you can begin receiving child support as well as any medical benefits that dad may have through his employer. If dad persists in requesting overnight time with your newborn, this issue should be brought to the attention of the court, and can then be ruled on by a judge.

My comments are for informational purposes only. I am only licensed to practice law in the State of Illinois. I urge you to obtain legal representation in the State of your residence, if your question pertains to a legal issue outside of the State of Illinois. Even if you are a resident of Illinois this notification serves as a disclaimer with regard to statements made by me. I am not your attorney and as a public service, only,I have commented and given my opinion on the question posed by you on this web site. You should seek formal representation from an attorney of your choice prior to taking action on your matter and you should take the time to meet with that attorney and enter into a formal retainer with him or her if you want them to represent you in your particular legal matter. My comments here are based upon the limited facts that I have been provided with in this online communication forum and you should not rely on my comments as if I am your attorney, but should seek independent counsel to discuss your case.


Whether or not the court may order overnight visitation with a newborn varies greatly, depending on the judge. Some judges believe that, especially with a nursing newborn, overnight visitation is inappropriate. Other judges are of the opinion that it is best that a newborn be with the other parent as frequently as possible in order to establish a parent/child bond. However, the child's age is just one factor a judge may look at in determining the best interest of the child.

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