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What are the steps for establishing a visitation schedule for me (non custodial parent) and my daughter?

1 Answers. Asked on Jun 20th, 2016 on Family Law - Illinois
More details to this question:
Mother and I do not have a court appointed order. I have been paying child support through the state system for 4-5 years. I live out of state from our child. I fly out once a year to go see her and also talk with her 1-2 times a week. She is now definitely old enough to fly out to see me (cost effective). The mother does not encourage this. I know that I could present the mother with a non formal visitation schedule (and plan to do so) but since I'm pretty sure I know what her response will be, what formal steps should I take?
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Answered on Jun 22nd, 2016 at 5:53 AM

You appear to need an order that would end discussion of any visits by setting an enforcable schedule or subject the Mother to a contempt action.

Since there is support order, there must be a court case.   There seems to be no true visitation order, so you can either file such a Motion in that case or, if there is no such case, file one.  She then can be served via Notice in the existing case or via Summons if a new filing is required.  The relief would be the visitation you desire.  This, however, may require you to appear in person and it may be met with a petition to increase support (as the order in place dates back 4 -5 years).

This seems to be a "mediatable issue."  There may be mandatory mediation in that particular county that avoids Court while still addressing the issue; and it may also be conducted over the phone for you since you are out of state.  The County may also have a standardized visitation guide/schedule that can serve as a guide to either you or the Mediator.  As such, the first step is to contact an experienced family law attorney in that County.  You may be able to start with the County Bar Association to get names.  You can then "google" these names and call the attorney(s).  Maybe a combination of email and phone can give you a consultation as to exactly wat steps should be taken in that particular jurisdiction.

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Family Law
A family law attorney can guide you through the many legal issues facing couples, parents and their children. Family law lawyers can work with individuals who are engaged or married to create pre-nuptial agreements and post-nuptial agreements. Family law attorneys will also work with individuals and couples seeking to start or grow a family through adoption. And law firms can work with individuals who are getting divorced to negotiate a divorce agreement, including alimony, palimony, the division of property and debts, child custody, child support and visitation.
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