Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    May 2012
    Posts
    5

    Default Filing Suit for Alienation of Affection of a Child

    My question involves a child custody case from the State of: Illinois. Would simply like to know my rights as the father, as well as how to or if I am able to file suit against custodial mother for alienation of affection of my child. She has withheld my son for 3months. Had to take her to court for temporary visitation and such. The reason she withheld my son was due to him being injured at the hands of the new boyfriend. Child services were involved, my report was considered "un-founded" even with pics of said injuries as well as my sons words. She thought this to be malicious, and refused visitation for the amount of time described previously. What can I do?

  2. #2

    Default Re: Filing Suit for Alienation of Affection of a Child

    If you have court ordered visitiation, the custodial parent has no right to withhold visition. A phone call to the police would have solved that immediately. A court order is easy for them to enforce.

    Only you have the right to cancel visitation. Your ex or the child to not have that right.

    IDK, It seems reasonable that you can bring a suit for her violating your court ordered visition and get an adjustment for more time.

  3. #3
    Join Date
    May 2012
    Posts
    5

    Default Re: Filing Suit for Alienation of Affection of a Child

    The order was not in effect while the withholding was happening. That's why I had to take her to court. My "Attorney" was less than effective as well. He took a very long time to have papers filed. That did not help the problem any as well.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,490

    Default Re: Filing Suit for Alienation of Affection of a Child

    Quote Quoting NYI310
    View Post
    If you have court ordered visitiation, the custodial parent has no right to withhold visition. A phone call to the police would have solved that immediately. A court order is easy for them to enforce.

    Only you have the right to cancel visitation. Your ex or the child to not have that right.

    IDK, It seems reasonable that you can bring a suit for her violating your court ordered visition and get an adjustment for more time.


    The police will rarely get involved in custody matters - they'll virtually always tell the parties it's a civil matter, and very rarely will actually enforce a custody order.

    OP has no case - without a court order, Mom didn't have to allow ANY contact at all. She did nothing wrong, legally.

    (And there's no such thing as alienation of affection of a child, btw)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: Filing Suit for Alienation of Affection of a Child

    If you had not court ordered visitation then, you have no recourse now. Just like if you'd picked them up from school and took them home, she would not have had any immediate recourse. All she could due is file for custody just like you did.

    Now that you have a custody/visitation order in place, you have rights. But I don't think I know what you are asking.

  6. #6
    Join Date
    May 2012
    Posts
    5

    Default Re: Filing Suit for Alienation of Affection of a Child

    I'm not inquiring about anything with the police. I asking if I have a case against a vindictive "mother" whom is obviously using my child to flex her muscle, as it were. So civilly speaking what can I do?

  7. #7
    Join Date
    Sep 2009
    Posts
    424

    Default Re: Filing Suit for Alienation of Affection of a Child

    Quote Quoting Jaxdad71
    View Post
    I'm not inquiring about anything with the police. I asking if I have a case against a vindictive "mother" whom is obviously using my child to flex her muscle, as it were. So civilly speaking what can I do?
    There isn't anything you can do as mom did not break any laws (from what you have posted).

    Do you see your child now?

  8. #8

    Default Re: Filing Suit for Alienation of Affection of a Child

    LOL. Yeah. Nothing. There is not really anything you or a court order can do to force her to be a reasonable and sane person.

    You would really be wasting your's and the courts time and energy. You might get better results talking to a rock.

    Just make the most of the time you have with your child and hope your ex becomes a better person. Now if she is saying negative things about you to your child you can ask the court to add a disparagement clause in the custody order.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,490

    Default Re: Filing Suit for Alienation of Affection of a Child

    Quote Quoting NYI310
    View Post
    If you had not court ordered visitation then, you have no recourse now. Just like if you'd picked them up from school and took them home, she would not have had any immediate recourse. All she could due is file for custody just like you did.
    This is not necessarily true at all.

    OP, were/are you married to Mom?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    May 2012
    Posts
    5

    Default Re: Filing Suit for Alienation of Affection of a Child

    We were never married. Have been apart since my son was approximately 1. He will be six the end of this month. Shes been married and divorced and had another child. Now she's shacked up with the "man" whom injured my son.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Alienation of Affection: Alienation of Affection Suit Against Website
    By CBeebe in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-17-2011, 11:42 AM
  2. Alienation of Affection: Alienation of Affection Suit
    By justme_39 in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 02-21-2010, 01:34 PM
  3. Alienation of Affection: Alienation of Affection Suit Based On An Affair In Another State
    By Stacey8384 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 10-30-2007, 08:49 AM
  4. Alienation of Affection: Suit Filed for Alienation of Affection on Behalf of Children
    By publius in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 02-07-2007, 05:25 PM
  5. Alienation of Affection: Alienation of Affection Suit
    By bongi in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-11-2005, 10:35 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document