Legal Question in Family Law in Illinois

I had an affair and the only way my husband said he'd give me another chance is if we divorced and I signed away custody to him. I agreed to it only because I believed him. He lied to me and decided to move to a different state with the kids. I've been a good mother to them never hurt them, always taken care of them. I've done nothing wrong except have the affair. One of my children has special needs and I've always taken good care of him. Will it be easy for be to regain custody back and have the children with me again?


Asked on 12/14/14, 4:09 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

No it will not be easy to get custody of your kids. There is a presumption that their current custodian is fit to retain custody. What right did he have to moveout of state? Did you agree, did the court order it or did he leave without your agreement or an order of court. If he did, the move is improper and you might be able to get a court order ordering him back. I presume you did all you did without talking to a lawyer. You have dug a VERY DEEP hole.

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Answered on 12/14/14, 6:07 pm


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