Visitation Rights for Fathers in Illinois
Visitation rights accrue to a father who does not have primary custody of a minor child, according to Illinois laws. Statutes in Illinois establish everything from how a visitation schedule is developed to the types of visitation available to a father to how a father goes about seeking judicial enforcement of his rights to visitation. Illinois Compiled Statutes, Chapter 40, delineate the statutory provisions establishing visitation rights in the state.
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Reasonable and Regular
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Illinois law establishes a father's rights to reasonable and regular visitation with his child. There is not a hard and fast schedule used by courts in all visitation cases. Rather, courts consider what constitutes reasonable and regular visitation on a case-by-case basis. Factors that come into play in advancing the father's rights to reasonable and regular visitation include the age of the child, the proximity of the father's residence to the child and the time of year (a father having greater access to the child when school is not in session, for example).
Electronic Communication
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Illinois law includes provisions pertaining to electronic communication or virtual visitation. The law extends to a father the right to electronic communication or virtual visitation as a means of maintaining contact with a child between physical visitation sessions. Historically, telephone calls were the primary means of filling the gaps between physical visitations. Visitation orders often include a specific schedule for phone calls to ensure the child is available.
With technological advancements, fathers possess the right to virtual visitation in some cases. Relying on the Internet, visitation schedules include precise times at which the father and child link up through Internet resources.
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Judicial Enforcement
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Pursuant to the provisions of Illinois law, a father possesses the right to obtain judicial enforcement of his rights to visitation. Courts expedite hearings on a charge that a father's visitation rights were violated by the mother. The public policy behind Illinois law regarding enforcement of visitation rights is that interference with a father's rights to meaningful contact with his child must be rectified without any undue delay.
Legal Representation
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Illinois law affirms the rights of a father to legal representation in establishing and enforcing visitation rights. The Illinois State Bar Association maintains a directory of attorneys in different practice areas, including family law:
Illinois State Bar Association
Illinois Bar Center
424 S. Second St.
Springfield, IL 62701-1779
217-525-1760
800-252-8908
isba.org
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References
Resources
- Photo Credit father with child. autumn image by Pavel Losevsky from Fotolia.com
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Comments
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carla you have know idea this weekend was going to finally be the first official weekend with my kids she took me back to court and i could not see them because of it there was no set schedule so i have not even payed the lawyer yet and she is threating me with court and to take soul custody i just want to see my kids i have to work what else am i supposed to do. its just childish i am a great dad i love my kids and they love me. i just dont get it.
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From my family law days - I seem to remember she has forst refusal right if they are not taken when agreed on. You need a sitter I can see if my niece is available. She is 16 and lives across town.
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Question: If your granted visitation on Fri - Sun everyother weekend but you have to work Sat, can you pick the kids up Sat after work even if she says I cant? I have no one to watch them and she says she is going to deny me I told her I will press charges I have right to see my kids I have to work to pay her but but she does not want me to work so she does not have to have the kids I cant win.
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I like to see any case that they reawaded visitation to the fater not in il? and see all the motions as how they went about stopping them from doing this?
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Man are just as confused as Women are about the same issues pertaining to their children. Not all Fathers are bad just like not all Mothers are bad. But I will forward you information pertaining to the laws. As to Family Law. As it's another group addressing CPS.
