Legal Question in Family Law in Illinois
i just got a 3 month order of protection against my husband.he gets to see the girls 3 hours supervised twice a week. he has just gotten out of rehab for drinking a 30 pack a night. he has a long history of arrests, he is a felon. every time he was drinking. do i have a chance to get this order extended? my kids are afraid to be alone with him. i am getting a divorce, do i have a chance at getting sole custody?
2 Answers from Attorneys
Based on the facts mentioned in your inquiry, you have an excellent probability for extension. The primary objective of the family court is to serve the best interests of children. Also, given the described record of the father, you may consider requesting full custody. Unless the father can demonstrate sincere change, his parental rights are in jeopardy.
As an Illinois Family Law Attorney, I strongly urge caution before chalking up a "win" before it's happened. It sounds like the OP may have been granted by agreement, I don't have the casefile, so I have no idea what's going on. His rights to the children are, in Illinois, just as strong as yours.
An investigation will be done, this investigation will cost thousands of dollars. It will include either a 604b mental evaluation that both you and your husband must take, or it will include a GAL/Child Rep appointment, which you both must pay for 50/50. Once that investigation is done, then the court will decide what to do.
My advice, get a lawyer.
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