Legal Question in Family Law in Illinois

In August 2010, my ex was granted temporary custody of our son. No reason was given at the time and the judge later admitted making a mistake, but refused to give me my son back.

In July 2011, my husband, our other 3 children, and myself, moved from IL to Missouri for family reasons. In that time frame, my ex kept my son from me. Wouldn't allow me to talk to him. I found out that my son had been placed in a mental hospital for starting fires while in his father's care. His father is also telling people I have a no contact order against me and I have three open cases with Child Services. Which, to the best of my knowledge is false. In May 2011, we had an Environmental Neglect investigation in our home, but it has since been closed and our new home has been deemed safe for all children.

My question is this. Will past DCFS cases that are closed factor in to any decision for custody? I want to go after my Ex for custody of my son since this happened in his care, but am worried about the past case.


Asked on 8/29/11, 9:06 am

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

You say temporary custody, but to get a temporary order there must be a pending case. How was the final case adjudicated? Because if it was in favor of him, you have to wait 2 YEARS from the date of entry of judgment to re-petition the court UNLESS there's an emergency.

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Answered on 8/29/11, 9:09 am


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