Legal Question in Family Law in Illinois
my ex and I have 2 sons (4 & 2) - she sent me a text asking if I wanted full custody - then it went to joint - then back to full - now its back to joint, after the 1st text I started looking into the situation i found out that they have not been attending school everday - that dcfs was called on acount of her throwing something at my oldest son's head leaving a scab - where they are living is always a mess - i get them on wednesday's at 4pm and they are usually in their underwear when i knock on door and i have to wait apx. 15 mins - after picking them up one day, after they had not been to school the previous 2 days, i brought them home and took pictures of them being covered in marker. i guess my question is what can I do? can I get full custody based on the above? can i get custody with no visitation until she has a mental evaluation? - i'm tired of sitting on my hands doing nothing
1 Answer from Attorneys
You can petition the courts for custody of your children, so long as you've been legally declared to be their father.