Visitation Rights Question –
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Q and A with Jeffery M. Leving, Ltd.
I rent out the top floor of my condo to a rock musician. My ex-wife is
threatening to terminate my visitation court order with my son, claiming
that my musician tenant is a bad influence on my son when he comes to
visit. My tenant is not a bad influence. He is quiet and mild-mannered;
he just happens to have a musical calling.
Can she do this?
She cannot terminate your visitation court order. Only a judge can do
that. However, if she initiates legal action against you, she will
probably not be able to terminate visitation or even restrict it in the
state of Illinois, unless she can prove that your exercise of this
rightful visitation is causing or will cause serious endangerment to the
child’s physical, emotional or moral well-being.
would imagine that your ex-wife might falsely claim that if your son
spends time near such a musician, it might cause him to take up the
stereotypical lifestyle of musicians (for example by causing him to
neglect his studies or to take up drug use). This will probably have no
impact on your visitation rights if your attorney is skillful enough to
discredit your ex-wife’s false allegations.
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