Paying support, no vistation.

[3ivision]

I filed for visitation 8 months ago and had a court date scheduled for Aug. 19 with manditory mediation. My Ex thereafter filed for Child Support of our two year old son several months after. We have since been to court for child support. At the hearing our lawyers had a Hour long pretrial with the judge were recommendation for support and visitations were reccomended. I agreed to the terms of support and the opposing lawyer said she needed a few days to answer the visitation agreement. A week later we were contacted by her lawyer with a revised agreemant from what the judge has reccomended. We filed for emergency motion to set visitation.We went to court and the judge was extremely busy and set the motion for hearing for over a month from now.Her lawyer lied and said I have not been visiting my son and that this was not an emergency.In the meanwhile she has total control of my visition with my son, which has been once a week on the weekends form 12 to 6. After the support hearing this was extended by two hours and she had to do half the driving.How can she get away with not following the judges reccomendation? I don't understand how unorganized this process is. Overnight visitation per the judge were to begin this weekend and now I have to wait to be heard? Does this sound normal or is this typical illinois corruption?

[Gbyte]

It's typical everywhere... and it sucks. Custody court sucks and there's not much to be done about it...

Someday, hopefully there will be an end to it.

Do you have a COurt order stating that overnight visits were to begin this weekend?

[Gbyte]

I believe the judge made a recommendation, but it was not entered into a judgement and was waiting on a response from her and her attorney and now a new hearing has been scheduled. Would that be right?

Even if the judge filed a judgement ordering overnights, if she appeals it automatically stays the judgement though an interim order can be requested to implement the recomendations immediately.

[3ivision]

I do not have a court order. Gbyte is correct. The judge made a reccomendation at the support hearing and her attorney made changes to it and requested a new draft order. We had an emergency motion to implement the reccomendation, when she lied, and the judge scheduled a hearing. Her attorneys draft letter had me starting overnights next weekend which I have been following in the meantime. Which now my ex is saying that will not happen. They have failed to provide me with any other visitation schedule. I had him three hours yesterday on his birthday and thats it until next weekend. I don't understand how she can get away with this. There seems to me a clearly more effecient and fair way to solve these issues. Is money the reason these things are dragged out?

[Gbyte]

There is no fair way to "share" a child.

But you should have some interim order of some sort yes??

[3ivision]

No I don't have an interim order. I'm not sure what that is but I'm assuming it's an order for temporary visitation. Her lawyer has basically been sending me times for me to visit. She has also changed my visits after establishing a schedule for me because my ex had made plans on the days that were originally givin to me.

[Gbyte]

Geez. Usually emergency orders to establish visitation are done without the residential parent even being aware.

When is your next hearing and what is it's purpose?

If it could be a while, as your attorney to file an emergency order to establish a standard custody schedule while your case is being heard.

Originally Posted by 3ivision I filed for visitation 8 months ago and had a court date scheduled for Aug. 19 with manditory mediation. My Ex thereafter filed for Child Support of our two year old son several months after. We have since been to court for child support. At the hearing our lawyers had a Hour long pretrial with the judge were recommendation for support and visitations were reccomended. I agreed to the terms of support and the opposing lawyer said she needed a few days to answer the visitation agreement. A week later we were contacted by her lawyer with a revised agreemant from what the judge has reccomended. We filed for emergency motion to set visitation.We went to court and the judge was extremely busy and set the motion for hearing for over a month from now.Her lawyer lied and said I have not been visiting my son and that this was not an emergency.In the meanwhile she has total control of my visition with my son, which has been once a week on the weekends form 12 to 6. After the support hearing this was extended by two hours and she had to do half the driving.How can she get away with not following the judges reccomendation? I don't understand how unorganized this process is. Overnight visitation per the judge were to begin this weekend and now I have to wait to be heard? Does this sound normal or is this typical illinois corruption?

It's not only typical corruption, it's typical in pretty much all 50 states that the Family Court System is extremely lopsided and antiquated.