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    Default Custody and Parenting Time Arrangements After Establishment of Custody

    My question involves a child custody case from the State of: IL

    Hello, and thank you in advance for the help.

    I am a mother to be with some questions about child custody, visitation, etc.

    I became pregnant out of state, and due to some pretty serious issues/broke it off with the father, and moved back to my home state of IL. I never established residency anywhere else.

    I have not been in contact with the biological father for months now.
    Unfortunately, I am also legally married to another man, so I know there will be the whole issue of paternity and whatnot to deal with first, but my question is:

    If and when paternity is established for the biological father, and he requests any kind of parenting time or rights, what could I expect? He is currently over 1,000 miles away from me. Obviously my baby will be an infant. What kind of arrangements are typically made in this situation?

    Also, if it can be proven in court, would mental illness, heavy alcohol use, and threats from the father change that outcome?

  2. #2
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    Default Re: Custody and Parenting Time Arrangements After Establishment of Custody

    Quote Quoting Sunflower2014
    View Post
    My question involves a child custody case from the State of: IL

    Hello, and thank you in advance for the help.

    I am a mother to be with some questions about child custody, visitation, etc.

    I became pregnant out of state, and due to some pretty serious issues/broke it off with the father, and moved back to my home state of IL. I never established residency anywhere else.

    I have not been in contact with the biological father for months now.
    Unfortunately, I am also legally married to another man, so I know there will be the whole issue of paternity and whatnot to deal with first, but my question is:

    If and when paternity is established for the biological father, and he requests any kind of parenting time or rights, what could I expect? He is currently over 1,000 miles away from me. Obviously my baby will be an infant. What kind of arrangements are typically made in this situation?

    Also, if it can be proven in court, would mental illness, heavy alcohol use, and threats from the father change that outcome?
    Generally, he would be required to visit in your community to start with. Initially in your presence, but after a bit he would have unsupervised time in your area. After a while of that, he would get visitation in his own community. Generally transportation for visitation would be shared if the two of you were never residents of the same state. Standard long distance visitation for school aged children would be every other Thanksgiving, a week at Christmas, every or every other Spring Break, and extended time in the summer. For children under school age it could be handled any number of ways.

  3. #3

    Default Re: Custody and Parenting Time Arrangements After Establishment of Custody

    Quote Quoting Sunflower2014
    View Post
    If and when paternity is established for the biological father,
    Which won't happen unless either a) YOU bring a paternity suit against him, or b) he sues to overturn your husband's automatic presumption of paternity.


    and he requests any kind of parenting time or rights, what could I expect? He is currently over 1,000 miles away from me. Obviously my baby will be an infant. What kind of arrangements are typically made in this situation?
    Everything as ilworking said: a period of "getting to know each other" time, in or close to the child's home, then in other places, expanding to include travel with the father to the father's state or just about anywhere else, eventually. By school age, big chunks of summer with dad, alternating major holidays, Skype, phone, etc.


    Also, if it can be proven in court, would mental illness, heavy alcohol use, and threats from the father change that outcome?
    If these things weren't enough to stop you from making babies with him, the court isn't likely to take them any more seriously than you did. If you can prove one or more of these conditions struck dad AFTER you deemed him to be fit parenting material, you can attempt to bring up those issues in the custody matter. However, you should be aware that unless the mental illness somehow SPECIFICALLY makes him a danger to the child, it won't matter. People with many types of mental illness have normal visitation and even custody of their children. Heavy alcohol use isn't unlawful. The burden is you to SHOW the court some pattern of behavior, such a convictions for DUI or child endangerment, that would make the child somehow AUTOMATICALLY at risk just by being in the presence of the man you chose as the father. Was he NOT drinking when you were dating/sleeping together? (Be prepared for the judge to ask this.) And finally, unless the threats you reference were directed AT the child, the court really doesn't care about threats made towards YOU; not in the context of custody (because his relationship with YOU is NOT the same as his relationship with his CHILD, and the courts will treat those relationships separately). If dad ever committed any type of violent acts towards you while pregnant, it will be SUPER SUPER SUPER important to bring copies of police reports documenting your reporting of those incidents - things like that CAN have a huge impact on how the courts view the child's safety in his presence. Generally speaking, however, the courts do NOT act on "what ifs" or things that could or might happen. Courts act on what ACTUAL things HAVE happened. Since the child isn't even BORN yet, anything short of dad attacking you while pregnant or having some other pre-existing criminal record for child abuse or neglect isn't likely to curb his ability to exercise parental rights regarding visitation with his child if he actually seeks to do so.

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