visitation and custody

[MOMinIL]

I have bundles of questions, but I will try to keep this short. I live in McHenry County, IL. I am a single CP. My son is 8yrs old. His father and I were never married. He never established custody or visitation. However, I do have a court order for support which is $16,000+ in arrears. His father is on the BC. I have read up on the state statutes, and I feel his father is a danger to my son's physical, mental, emotional, and moral health. His father is presently in prison on felony convictions of arson, theft, forgery, and criminal damage to property. He has been in for 2yrs, and is to be released in July of this year. (I picked a real winner huh?) What can I do specifically to attain sole legal and physical custody of my son? Any advice would be appreciated!!! Sorry this is so long. Thanks.

 

[LegalBeagle]

I have bundles of questions, but I will try to keep this short. I live in McHenry County, IL. I am a single CP. My son is 8yrs old. His father and I were never married. He never established custody or visitation. However, I do have a court order for support which is $16,000+ in arrears. His father is on the BC. I have read up on the state statutes, and I feel his father is a danger to my son's physical, mental, emotional, and moral health. His father is presently in prison on felony convictions of arson, theft, forgery, and criminal damage to property. He has been in for 2yrs, and is to be released in July of this year. (I picked a real winner huh?) What can I do specifically to attain sole legal and physical custody of my son? Any advice would be appreciated!!! Sorry this is so long. Thanks.

You petition the courts for exactly what you want.. if you can, retain an attorney to draw up the papers and file them. He will still be able to petition himself for visitation in the future, albeit supervised.

 

[MOMinIL]

Thank you for your prompt reply. I am seeking an attorney. I was wondering how common it is for a judge to grant such a request. What happens after I file the petition? I know courts attempt not to interfere with relationships between biological parents and their children. Does the process take a long time? Will my son be brought into court? How much of the NCP behavior do they take into account when making the decision? The paternal grandmother is also an issue. She has a history of mental problems, including numerous suicide attempts. Please, I'm overwhelmed with the many complications that come with contact with the father and his family. What can I do? During the last 2 years, our lives became peaceful again. I'm worried it will unravel when he is released. Eventhough his family has not attempted to see my son since his father's arrest, I have been recently notified they are seeking an attorney to petition for visitation. Can the courts link his parole to requirements for visitation?