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Jul 05
2009
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Dads Divorce - Free custody and alimony advice for men and fathers.Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> IL
Question: My wife took my son away without any discussion. What rights do I as a father have to my son? I can better provide for him and live at our residence. I do not want to lose my son and want to see him as much as possible. Why is it ok for the mother to take the son away when there is no violence or danger in the home? What about the rights of a very loving father? I am upset about this and want my son back, any help would be appreciated. Answer: I am not licensed in Illinois and therefore cannot answer your question specifically to the laws of that State. Your wife has no more rights to take your child that you do to take the child from her. She can of course move out of the marital residence, but you can pick your son up from school, go see him etc. However, you do not want to offset her bad actions by committing the same mistakes she is currently making. I suggest you retain an attorney, file for divorce and seek a temporary hearing on custody. Your wife's bad acts by keeping your child away from you can be used against her to show that she is not a good co-parent. Co-parenting is a large factor in many custody determinations.
The de facto minimum parenting schedule used by Illinois courts remains, as it has been for decades, "every other weekend" with a weekly non-overnight "visit” for the non-custodial parent, normally the father. This antiquated, minimal ‘standard visitation schedules’ is, according to a nationally-respected child development specialist, "child-unfriendly" and befitting only "disinterested" fathers.
The answer is: The Children's Rights Council. On this episode of DadsDivorce Live attorney Dan Cuneo speaks to Michael Doherty of the CRC's Illinois Chapter. Mr Doherty recently addressed two state committees to shine some light on the fact that standards do in fact exist de facto parenting schedules that our court system relies on which are patently "child-unfriendly." Watch the interview in which Mr Doherty describes the CRC's testimony about how the "one-size-fits-all" constraints of the present "every other weekend and four hours on Wednesday" schedule doesn't work for kids.
Whether you are the custodial parent or not, under Illinois law you are entitled to full access to your child’s public school records unless there is a court order limiting your rights. Access to private school records is controlled by the enrollment agreement with the private school. Each state has its own laws governing school records and you will need to consult the laws of your state if your child attends public schools in a state other than Illinois.
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