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Kbearsmommy

Question about "Parenting Time"

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My mother petitioned for permanent guardianship in August of 2015 of my then almost 3 year old son. Back story: I have battled a heroin addiction off and on for 11 years now. I am seven months clean currently, though.) Since I was homeless, (although she knew where I was staying!!) I did not get served with papers. Instead, the judge made her post it in the newspaper. Anyway, as of right now, I have a job, and I am staying in transitional housing, but I am very close to getting my own place. I went to rehab in February and stayed in the town the rehab is in. It is three hours away from my mom and son, but a bus ticket is very affordable. I am writing this because I want/NEED to see my son!! Seeing him every three months is absolutely unacceptable to me! I was wondering if anyone thinks I have a chance at just visitation or "parenting time" as Illinois law calls it now given my circumstances and life changes. I am not trying to get guardianship back yet because I know I am not quite in the position to take care of him yet, but I think seeing him every other weekend is fair. I wouldn't even have to go to court if my Mom weren't so against me being around. she claims she can't handle being around me because she is so angry at me still. Believe me, I more than understand that, but what does that have to do with me seeing my child? Any advice? Should I wait until I have my own place or should I go through with it now? And what exactly would I need to do? I saw online that she has an annual status update court date October 6th. Should I show up!? Thanks in advance!!

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On ‎9‎/‎10‎/‎2016 at 0:57 PM, Kbearsmommy said:

I saw online that she has an annual status update court date October 6th. Should I show up!?

 

Heck yes.

 

Read the following guide to petitioning for visitation. It's old but it has forms and instructions that at least will put your mother and the court on notice that you want to be heard.

 

http://www.law.siu.edu/selfhelp/info/childsupport/Reqvissup.pdf

 

Get them done, filed and served ASAP.

 

 

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Hi @Kbearsmommy

 

Welcome and thanks for posting! Echoing what other posters have said, it's definitely worth it to seek visitation/custodial time now. It could be a long road, so it would be a good idea to get the process started, and to appear in  October 6. In the meantime, you may want to begin gathering your evidence of your commitment to your sobriety, including documentation that you went through rehab, documentation that you are attending NA meetings (bring a sign-in sheet with you to each meeting), and sworn statements from your sponsor/counselor/etc. Some family courts have a crossover drug court for parents recovering from substance abuse issues, so that may be something you can look into. Consider volunteering to undergo random drug testing and/or starting out with professionally supervised visitation. It may take awhile to repair the relationship with your mother and your son, but be patient and keep working towards that goal!

 

Best of luck and keep us posted!

The FindLaw.com Team

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