Illinois
12-28-2005, 02:14 PM
I live in Illinois and have full custody of my 2 kids. My ex lives in St.Louis. He has been diagnosed with bi-polar disorder and recently in court stated the reason why he was not paying child support was because he was suicidal even though he has a job. The court ruled that it be taken out of his check and since then he has made my life a living hell. He only lives 4.5 hours away and he has not seen his kids in 7 months, so they go down for X-mas. I got a visit while they were away from DCFS stating that I am physically abusing my kids and that they are afraid of me. I picked the kids up and met with their dad and he threatened if I touch the kids ever again that I will be sorry. In our divorce it gives me the final right on discipline as I am their primary caregiver. So I find out on their visit that my daughter who has asthma was not given her medication because he doesn't think she has asthma and that he was smoking in front of both of them the whole time and they never brushed their teeth the entire trip. I am afraid of him and for the kids at this point . He is unstable and I don't know if the kids will be returned the next visit. I would like to ask the judge for restricted visits with a third party but I dont know the legal terminology that needs to be written on the motion. Please help
I live in Illinois and have full custody of my 2 kids. My ex lives in St.Louis. He has been diagnosed with bi-polar disorder and recently in court stated the reason why he was not paying child support was because he was suicidal even though he has a job. The court ruled that it be taken out of his check and since then he has made my life a living hell. He only lives 4.5 hours away and he has not seen his kids in 7 months, so they go down for X-mas. I got a visit while they were away from DCFS stating that I am physically abusing my kids and that they are afraid of me. I picked the kids up and met with their dad and he threatened if I touch the kids ever again that I will be sorry. In our divorce it gives me the final right on discipline as I am their primary caregiver. So I find out on their visit that my daughter who has asthma was not given her medication because he doesn't think she has asthma and that he was smoking in front of both of them the whole time and they never brushed their teeth the entire trip. I am afraid of him and for the kids at this point . He is unstable and I don't know if the kids will be returned the next visit. I would like to ask the judge for restricted visits with a third party but I dont know the legal terminology that needs to be written on the motion. Please help
Getting a visitation order modified to a supervised visitation is very difficult. First you'll need ALOT of documentation of why and how dad is a danger to the kids. In your case that will require subpoenas for his medical records, which I'm sure that he'll fight. Then you'll need other documentation like police reports, Dr.'s reports of injuries suffered by the kids. Depending on the ages of the kids, their "testimony" won't count and in alot of courts aren't even allowed. If your kids are old enough to be able to testify, they are also old enough to be able to brush thier teeth without help, so them not brushing while at dad's is not relevant.
You really should have an attorney, but if you can't, you'll need to get all your ducks in a row before filing the motion. Get all the documentation that you can before you file. Good luck.
Xena :)
Edit: Dad being bi-polar does not, in and of itself, constitute a danger. You'll have to be able to prove exactly what the danger is.
pixie
12-29-2005, 06:08 PM
might i suggest filing for a protection order against him for you and the kids for threats and child endangerment and then when it goes to court ask that visitation be switched to supervised
the asthma medication is a life saving medicine and with holding it from her because he does not think she has asthma is child endangerment.