An individual identified as lawmom37 posed a question on the Family Law section of FindLaw Answers regarding visitation rights. She wants to know how a mother can terminate her ex's visitation rights after their nine-year-old son allegedly witnessed his father's abuse and also exhibits abusive behavior himself.
Lawmom37 said the boy has been suspended from school twice for bringing weapons to school and that he disrespects both his teachers and his mother. That alone could be attributable to the pains experienced by children of divorced parents.
But he also allegedly witnessed his father physically abuse his girlfriend:
Child says his father has choked and hit his girlfriend in his presence. Child has also been told that it was the girlfriend's fault and she hit him first so it was okay.
Basically, the mother wants to know how to deny or restrict visitation and would like to take her son to a psychologist for therapy.
Illinois family lawyer Kristy Gosteli (KristyGosteli_Attorney) replied to lawmom37's question with a few state-specific tips. If the parents have joint child custody, then the mother could be in violation of a court order by not seeking the father's permission before taking the child to counseling, even if a psychological evaluation would help remove him from an abusive environment.
If they do have joint custody and the father refuses permission, Ms. Gosteli says, then the mother would want to file a motion to modify custody. In that case, she adds, the father's refusal would show that the father is not acting in the boy's best interests.
Also, she says, the child would most likely have to testify in court if she seeks an Order of Protection from the allegedly abusive father. And to deny visitation, she says the case must meet the standard of "serious endangerment."
She also suggests having the child talk to the school counselor instead of an outside psychologist because it wouldn't require the father's consent.
Related Resources:
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Modification of Custody (FindLaw)
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Illinois Statute on Visitation (Illinois Coalition Against Domestic Violence)
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Cops: Kids Left in Car for Two Days While Dad Partied (NBC Detroit)
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Browse Chicago Family Law Attorneys (FindLaw)
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