My question involves a child custody case from the State of: Illinois
My soon to be ex wife N (same-sex marriage) moved to AZ to begin a new life with her ex L (the one before me). We have an 8 year old daughter together, she was born before we were married (but were together), and we never did a second parent adoption. Currently selling the house, once that is complete I will file for divorce in IL. It can be uncontested since there is nothing for us to argue about - no joint debt, property, neither of us want the other's menial 401K, etc. However, she wants a legal visitation agreement as a part of the marital settlement agreement. It has been explained to me in a legal consultation that she has no legal right to my daughter, therefore a legal visitation agreement would not be possible. I have told her that she can come back up here and see my daughter any time she wants to, and they talk on the phone almost every day. N said that agreement wont work for her, and she wants my daughter to be required by law to go down to AZ to visit her.
A few questions... I cannot obviously send an 8 year old on a plane alone (nor would I ever do that), so why should I have to spend my own $ for a plane ticket for myself to go down there with her when it was N's decision to move away? Is that something that a judge could require? Secondly, N and her family have told me over the 14 years we were together how much of a 'psychopath' L is... got N falsely arrested for domestic violence, had a violent drinking problem, spent all N's money, is manipulative, and strange things occurred with N's 4 year old son while they were living together... He had 3 seizures and had to be airlifted to the hospital each time. No seizures before then, and none after (he is now 19). N now says that L has changed and is no longer the person she was back then. Now I realize that this is all hearsay, however I am EXTREMELY hesitant to allow my daughter in that house down there. I have ZERO problem if N comes up here and wants to spend time with my daughter. What would a judge say in this situation for visitation rights? Are there any mandatory out of state visitation rights?
My soon to be ex wife N (same-sex marriage) moved to AZ to begin a new life with her ex L (the one before me). We have an 8 year old daughter together, she was born before we were married (but were together), and we never did a second parent adoption. Currently selling the house, once that is complete I will file for divorce in IL. It can be uncontested since there is nothing for us to argue about - no joint debt, property, neither of us want the other's menial 401K, etc. However, she wants a legal visitation agreement as a part of the marital settlement agreement. It has been explained to me in a legal consultation that she has no legal right to my daughter, therefore a legal visitation agreement would not be possible. I have told her that she can come back up here and see my daughter any time she wants to, and they talk on the phone almost every day. N said that agreement wont work for her, and she wants my daughter to be required by law to go down to AZ to visit her.
A few questions... I cannot obviously send an 8 year old on a plane alone (nor would I ever do that), so why should I have to spend my own $ for a plane ticket for myself to go down there with her when it was N's decision to move away? Is that something that a judge could require? Secondly, N and her family have told me over the 14 years we were together how much of a 'psychopath' L is... got N falsely arrested for domestic violence, had a violent drinking problem, spent all N's money, is manipulative, and strange things occurred with N's 4 year old son while they were living together... He had 3 seizures and had to be airlifted to the hospital each time. No seizures before then, and none after (he is now 19). N now says that L has changed and is no longer the person she was back then. Now I realize that this is all hearsay, however I am EXTREMELY hesitant to allow my daughter in that house down there. I have ZERO problem if N comes up here and wants to spend time with my daughter. What would a judge say in this situation for visitation rights? Are there any mandatory out of state visitation rights?
Custody and Visitation Issues: Is It Possible to Get a Visitation Agreement
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