Legal Question in Family Law in Illinois

My boyfriend has been divorced for one year. His ex-wife pursued and orchestrated the divorce. She signed a quit claim left him in the house with their three children. The divorce says that there is "no designation of residential parent." She arranged for "parenting time" for herself Mondays and Wednesdays from 4:30-9:00 and one alternating day each weekend. Otherwise, they are home with their dad. She pays him unallocated family support. Lately, when she is angry about one thing or another, she threatens to take custody of the kids. She makes it sound like she has been counseled that it would be quite easy and highly likely that she would be able to do so. Could this be true? What does "residential parent" mean? Is it the same as "custodial parent"?


Asked on 8/21/09, 8:36 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Usually the residential parent is the custodial parent. Are you sure the decree doesnt' name your BF as the "custodial parent"? If so, there is no need to name a residential parent as the other parent is the "non-custodial" parent or "visiting" parenting. There are too many variable for me to give you much of an opinion on her threats except to say that to change the children's living arrangement in the first two years would require a showing of endangerment and thereafter a showing that it is in the child's best interests.

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Answered on 8/26/09, 8:44 am


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