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i want to petition visitation rights for my children

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Location: Illinois  |  Law type: Child & family lawyers
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I haven't seen my children in 6 years because my children's father packed them up and left and didnt tell me about it, and i have been paying child support for 5-6 years now, and i want to have visitation with my boys... please help me.  thank you 


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Legal Solution

The response provided below is specific to Child & family lawyers in the jurisdiction of Illinois. If the response is inadequate, please submit a detailed inquiry.

Regaining Visitation Rights in Illinois: A Path Forward

You've been through a challenging situation, being separated from your children for 6 years while fulfilling your financial obligations via child support. It's understandable that you would seek to reconnect and establish a relationship with your boys. In Illinois, there are legal procedures to help parents like you regain visitation rights.

Relevant Legal Framework in Illinois

  • Illinois Marriage and Dissolution of Marriage Act (IMDMA): This Act outlines the state's regulations surrounding child custody and visitation rights.
  • Illinois Parentage Act of 2015: Provides guidance on matters of parentage and visitation for non-marital children.
  • Illinois Department of Children & Family Services: This is the agency responsible for ensuring the welfare of children in the state.

For more detailed information, you may refer to the official website of the Illinois General Assembly or the homepage of the Illinois government website.

Recommended Solutions

  1. Seek Legal Counsel: To navigate this complex situation, consider consulting with family lawyers or child custody specialists in Illinois. They can guide you on the best steps to take given your unique situation.
  2. File a Motion: Submit a motion to modify visitation rights in the court that initially determined child custody. This motion should detail the reasons for your absence and demonstrate your commitment and capability to be a part of your children's lives.
  3. Mediation: If there's resistance from the other parent, you might explore arbitration and mediation attorneys to help facilitate a resolution.

Cost Estimates for Legal Services in Illinois

Legal Service Average Cost ($)
Initial Consultation with Family Lawyer 200 - 400
Filing Motion for Visitation Rights 500 - 1,500
Mediation Services 1,000 - 3,000
Full Representation in Child Custody Case 3,000 - 15,000

Note: Prices vary significantly based on lawyer experience, case complexity, and location within Illinois. Some lawyers may offer contingent or flat-rate fees depending on the situation.

Clarifications and Next Steps

While the above provides a general overview, it's essential to delve deeper into your personal situation. For a more accurate approach tailored to your needs, find the right lawyer.

Questions for Further Action

  • Previous Legal Actions: Have there been any previous legal actions regarding visitation rights or custody arrangements?
  • Communication with Other Parent: Have you attempted to communicate your desires to your children's father? What was the outcome?
  • Your Current Situation: Can you provide details about your living situation, job stability, and any other factors that might influence a court's decision on visitation rights?

Frequently Asked Questions in Illinois

How do I modify a visitation order in Illinois?

The parent seeking a change must prove to the court that there has been a significant change in circumstances since the last order and that a modification would be in the child's best interests.

What rights do non-custodial parents have in Illinois?

Non-custodial parents typically have the right to visitation unless it's proven that such visits would be harmful to the child. They also usually have a duty to pay child support.

How is child support determined in Illinois?

Child support in Illinois is calculated based on both parents' incomes and the amount of time the child spends with each parent.

Can visitation rights be denied if I'm behind on child support?

While child support and visitation are separate legal issues, consistently failing to pay child support might negatively impact your chances of securing visitation rights.

How can I enforce a visitation order in Illinois?

If a parent is denied visitation, they can return to court to have the order enforced or modified. A parent who denies visitation can face legal penalties.

Remember, it's essential to consult directly with a family lawyer in Illinois to get the most accurate advice for your specific situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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