Legal Question in Family Law in Illinois

My boyfriends ex wife moved his kids to another state with courts permission. The kids are 13 and 11. The living conditions down there are unfit and the children want to move back with their father. I've heard they have to be at least 12 to be able to make that decision. And when the youngest turns 12 what steps do we take and how fast can this happen? She will be 12 in 1-1/2 months, can we start the process now so when they visit in the spring they can go in front of a judge and say yes they want to move back?


Asked on 1/16/12, 9:27 am

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

If your boyfriend wants to file for custody of his children without proof of serious endangerment, he can do so provided that mother has had custody for more than 2 years. Prior to that he needs to show serious endangerment. That requires more than sloppy housekeeping or impoverishment. That being said, this is not your business: 1) he is your boyfriend, not your husband; 2) these are his kids, not yours; 3) an attorney would be representing him not you. And, finally, the process is alot more involved then the kids just telling a Judge that they now want to live with Dad. Getting custody is an expensive and time-consuming process and should not be attempted without the aid of an experienced attorney. Possibly Mom will now agree that the kids can come live with Dad, but without her agreement, Dad isn't likely to get very far.

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Answered on 1/16/12, 11:11 am


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