What can a parent legally do to protect their children from their ex who has a history of abuse or addiction?

By Chuck Roberts
January 10, 2017

The proper way to address those types of concerns is to bring the matter to the attention of the court. That’s done by the filing of a petition, which might seek to limit the parenting time of the other parent or control or restrict the activities of the other parent undertaken in the presence to the children. That can sometimes, as a petition, result in the appointment of, for example, a clinical physiologist to conduct an evaluation of the parent to try to determine what is actually going on. It might result in the appointment of a Guardian ad Litem for the child or the children that’s in the area. An attorney who’s appointed as the child representative or an attorney for the child acts as the eyes and the ears of the courts -- someone who conducts an investigation and determines whether or not the assertion by the concerned parent has merit and whether or not you really should result in an interference in the other parent’s ability to parent their child. There are a lot of different mechanisms that the legislature has provided for the courts in such situations -- matters that we routinely deal with and that actually come up of very frequently.

Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.

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January 10, 2017
Categories:  FAQs

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