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  1. #1

    Default Can My Child's Father Get Visitation Rights if I Have a Restraining Order

    My question involves a child custody case from the state of Illlinois.
    I have a 2 year old child with my ex boyfriend. Since our breakup, he has been visiting with our child at my home. I invite him to visit whenever he wants, it's completely left up to him. But, lately, he hasn't been around. He hasn't called, or made any effort to see our child at all. Just recently, before this started, his mother (whom he resides with) made a death threat to me over the phone. She was arrested, and I plan on getting a restraining order against her. Since I've had her arrested, she has threatened to take me to court for custody. There are no grandparents rights in Illinois, but the child's father is living with her. Is it possible for the father to still get visitation rights, or custody even though I have a restraining order against his mother?

  2. #2
    Join Date
    Oct 2013
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    WV
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    Default Re: Can My Child's Father Get Visitation Rights if I Have a Restraining Order

    Yes, I believe that in Illinois the father has as much parental rights to the child as you do. Is he named on the birth certificate?

    Unless grandma made threats against the child, and you named the child in the restraining order, then there are no restrictions where the father can not have the child around grandma.

    I strongly suggest you contact the courts and file for custody, that way you will have something in writing should any visitation/custody issues come up.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can My Child's Father Get Visitation Rights if I Have a Restraining Order

    Quote Quoting Anonymous7909
    View Post
    My question involves a child custody case from the state of Illlinois.
    I have a 2 year old child with my ex boyfriend. Since our breakup, he has been visiting with our child at my home. I invite him to visit whenever he wants, it's completely left up to him. But, lately, he hasn't been around. He hasn't called, or made any effort to see our child at all. Just recently, before this started, his mother (whom he resides with) made a death threat to me over the phone. She was arrested, and I plan on getting a restraining order against her. Since I've had her arrested, she has threatened to take me to court for custody. There are no grandparents rights in Illinois, but the child's father is living with her. Is it possible for the father to still get visitation rights, or custody even though I have a restraining order against his mother?
    Forget about her threats about getting custody...because that simply is not going to happen. Dad can certainly file to establish HIS custody and parenting time rights but he has no hope of getting primary custody either at this point.

    I disagree with the other posted that you should file for custody. You can if you want to, but at the moment you have custody by default.

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