How do I apply for child visitation in Illinois?
If you do not have a court order from a judge, the parent with custody of your child is within his or her rights to deny you visitation. To obtain an order, the first step is filing a Petition for Visitation with the local circuit court.
How can I get visitation with my child?
To apply for visitation, you must be a legal parent of the child, meaning you must either be listed on the birth certificate or have been found to be the parent in a paternity proceeding. There are several ways that you can obtain the right to visit with your child, some of which are more onerous than others.
What to know about child custody and visitation?
The order will say who your child or children will live with. It will also say who has legal responsibility for your child or children. Parents can agree to share legal or physical responsibility. Or the court can order that only one parent will have legal and physical responsibility.
How to file a petition for visitation rights?
File the petition with the court clerk. You may be required to serve the petition on the other parent or the court might do it for you. If you are required to serve it, get details from the court clerk about what constitutes legal service.
Who are the witnesses in a child visitation case?
Witnesses could include your child’s teachers, doctors, friends, or neighbors who have seen interaction between your child and either parent. Evidence could include medical records or photographs or videos of interaction with your child. You will be able to testify yourself.
To apply for visitation, you must be a legal parent of the child, meaning you must either be listed on the birth certificate or have been found to be the parent in a paternity proceeding. There are several ways that you can obtain the right to visit with your child, some of which are more onerous than others.
Can a parent file a show cause motion for child visitation?
A parent may petition the court for joint or primary legal or physical custody of the child. When making decisions related to child visitation or custody, the court often uses the best interest of the child standard. This principle requires the court to consider what is for the best of the child when making such decisions.
What do courts consider when setting child visitation rights?
1) What Do Courts Consider When Setting Child Visitation Rights? 1 The age and the overall well-being of the child. 2 The location of each parent. 3 The current employment and work history of both parents. 4 If the child is old enough, the court may ask for his or her living preference. 5 Each parent’s daily work and life schedules.
File the petition with the court clerk. You may be required to serve the petition on the other parent or the court might do it for you. If you are required to serve it, get details from the court clerk about what constitutes legal service.