Court orders divorced mother to allow son to visit dad’s critically injured relative

By: Laura Reichel

A caring father of a 6-year-old boy shared custody of his child with his ex-wife. One day, Dad received news that a close family member had been hospitalized after a serious accident and was hanging on for his very life.

Dad reached out to his ex-wife and proposed that he take his son to go visit the family member.

It was reported that his ex-wife callously refused.

Attorney and Litigation Director Art Kallow of the Law Offices of Jeffery M. Leving Ltd. will talk about this complex custody case on the Dads’ Rights Legal Hour, 9-10 a.m. CDT Saturday, June 8th, on Power 92.3 FM and available for download on the Dad’s Rights Legal Hour Spotify page on dadsrights.com.

Jeffery M. Leving fights for your rights

The family member who was hospitalized had a close relationship with Dad’s son. Dad, knowing how much his son cared, wanted to take his son to visit at the hospital with the rest of Dad’s family. It was reported that the little boy’s mother cold-heartedly refused. The mother then finally stated that she would allow Dad to take his son but only if she was always present to “supervise” the father’s parenting time.

Desperate, Dad immediately called the Law Offices of Jeffery M. Leving Ltd. for help. They assured the anxious father that they would fight for him and his son – and they did.

The Leving legal team immediately prepared an Emergency Motion to allow the father to have exclusive parenting time with his son during this difficult time, without the mother being present to supervise or for any reason. The Emergency Motion was sent to the judge, who recognized the urgency of the situation and set the emergency motion for hearing the very next day.

Parenting time issues are not generally accorded emergency relief by the courts, but this was different. The Leving team, alongside their client, appeared for the emergency hearing. The little boy’s mother was present as well. The team fiercely argued that Dad should have his young son with him during this emotionally charged time when visiting their family member who was in the hospital in critical condition. There was no basis for having the ex-wife supervise. They pointed out that the little boy deserved to be with his father and paternal family during this difficult moment, and that it would further strengthen the bond between the child and his extended family during this critical time. The Leving team convinced the judge of the emergency nature of the situation, requiring an exception to the general rule that parenting time disputes are not emergencies, because of the time frames involved and the tragic nature of the circumstances.

The judge granted Dad all the relief the legal team had asked for. The Leving team won. The judge ordered the little boy’s mother to turn him over to the father, who would have uninterrupted parenting time with his son for the hospital visit, as well as time before and after the visit to spend with the boy’s extended family.

“This important court victory, modified for broadcast, was crucial to protecting the strong relationship between Dad, his son, and Dad’s family. I am happy for this little boy and his family,” said Attorney Jeffery M. Leving.

Attorney and Litigation Director Arthur S. Kallow

Attorney Arthur S. Kallow was honored for his valuable contribution to the Domestic Relations Division of the Circuit Court of Cook County as a court facilitator. Kallow was also selected as an Illinois Super Lawyer. Super Lawyers are considered the best in their profession, and they represent the top practicing attorneys in Illinois and the country.

The Law Offices of Jeffery M. Leving, Ltd.

Matrimonial attorney Jeffery M. Leving is the recipient of President Biden’s Presidential Lifetime Achievement Award. In addition, the Illinois House of Representatives has honored Leving “for his work in safeguarding the rights of fathers and protecting the welfare of children and families in this State,” and the Illinois Senate has issued a proclamation recognizing his efforts on behalf of fathers.

To learn more about law and fatherhood, follow the Law Offices of Jeffery M. Leving Ltd. on Facebook and X.

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Ray Hanania

Ray Hanania is an award-winning opinion columnist, author & former Chicago City Hall reporter (1977-1992). A veteran who served during the Vietnam War and the recipient of four SPJ Peter Lisagor Awards for column writing, Hanania writes weekly opinion columns on mainstream American & Chicagoland topics for the Southwest News-Herald, Des Plaines Valley News, the Regional News, The Reporter Newspapers, and Suburban Chicagoland.

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