Legal Question in Family Law in Illinois
Change of Custody
My Ex-wife has recently sent our biological son(age 14)to live with me and my new wife in Georgia.When we tried to enroll Him in the local High School,we were told that He couldn't be enrolled without Me having some kind of custody order.At the time of My divorce His mother was awarded full custody.His mother now refuses to relinquish custody or give Me joint custody so that I can enroll Him in School.What short and long term actions can I take to resolve this issue?
3 Answers from Attorneys
Re: Change of Custody
As the IL attorneys said, you could file an action for modification in the county where your ex lives, but that will be expensive, time-consuming and you will have to go there for court. In the alternative, you can apply to the probate court in your county in GA to be appointed as the child's guardian. A temporary guardinship can be awarded pretty quickly. Consult with a local attorney.
Re: Change of Custody
Short term---you need to get your ex to sign a form allowing your son to be enrolled in school. Contact the school administration office and find out what needs to be done. You might be able to use a guardian form but you would need to check with an attorney in GA regarding the law.
Long term---petition the court for a change of custody. It appears from the action of your ex that she no longer wants custody of the child so you need a court order changing the original custody order.
Re: Change of Custody
You will have to hire an attorney here in Illinois to change custody. This can be a very time consuming and expensive undertaking. However, You may be able to get an emergency order for temporary custody until the issue is litigated. Please call me at 773-237-3516
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