Child Visitation Rights

[unsure1]

My husband has visitation rights to his daughter and he is now going to have to be away for a few months for his job. We have been together since she was 9 months old and she is now 4. We have been married for over 2 years and have a child together and one on the way. He wants me to still be able to get her for his visitation while he is gone. We know that he can legally give anyone he wishes his permission to pick her up on his weekends. With his consent, do I legally have the right to get her for the entire visitation time without him being present? We live in Illinois.

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by unsure1:
We know that he can legally give anyone he wishes his permission to pick her up on his weekends. <HR></BLOCKQUOTE>

I think you need to check this, from what I understand, the CP only has to release the child to the person defined in the court order. If she says no, then there is nothing you can do about it. I think you need to ask her first and see what she says.

 

[unsure1]

I have had to pick her up for him before, and had to have a cop present. If she had refused to give her to me then no they could not force her to, but they can write it up for report to the Secretary of State because with his permission I have the legal right to obtain her. If that were to happen then in the long run it would not look good on her part. She is very controlling and likes to have everything her way and would like nothing more than to keep me from seeing her. Yet I have been very good to her and she knows that. She just doesn't like their being someone else in either my husbands life or my stepdaughters.

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by unsure1:
I have had to pick her up for him before, and had to have a cop present. If she had refused to give her to me then no they could not force her to, but they can write it up for report to the Secretary of State because with his permission I have the legal right to obtain her. <HR></BLOCKQUOTE>


What has the Secretary of State got to do with this and what permission are you referring to ?

In a court of law, you actually have no legal standing at all since you are not the bio parent. If you have something else then I would be interested to know..

 

[Jenifa]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by unsure1:
I have had to pick her up for him before, and had to have a cop present. If she had refused to give her to me then no they could not force her to, but they can write it up for report to the Secretary of State because with his permission I have the legal right to obtain her. If that were to happen then in the long run it would not look good on her part. She is very controlling and likes to have everything her way and would like nothing more than to keep me from seeing her. Yet I have been very good to her and she knows that. She just doesn't like their being someone else in either my husbands life or my stepdaughters.<HR></BLOCKQUOTE>

I know this won't help anything right this moment about you picking up the child when the father is away on business this time. My suggestion would be to contact a lawyer to see if the children you have together have any legal rights, while their father is gone, to visit with their older sibling? Maybe your husband can fight to have a clause put into the original visitation order, stating that when he is away during his court appointed visitation, his oldest will still be able to visit with her younger siblings? I would like to think there are concessions made in these instances for the sake of the children. Otherwise, the oldest child is made to feel like she's only part of her father's family when her father's around, and that isn't "in the child's best interests" to be made to feel that way.