Legal Question in Family Law in Illinois
My boyfriend has a 2 yr old son. He has had visitations that last more than 50% of the time. He served custody papers on his ex who never let him sign the birth certificate. 2 weeks after he served her she countered with an obviously ridiculous OP order. We went to court for that last week and since the paternity hasn't been established the judge continued the OP until after the custody hearing. However, the mother will be going to prison in mid October. The custody hearing isn't until LATE November. How can he get temporary custody before the custody hearing?
2 Answers from Attorneys
He has to file a motion pointing out that Mom is going off to prison in October and request custody. Case law is clear, once paternity is established that he has preference in obtaining custody.
File a motion to modify custody. It should be done on an expedited basis.
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