Legal Question in Family Law in Illinois

Change in custody?

My ex has full custody due to tampering with my childrens minds prior to the child psychologist. She (and her parents) has a long history of prescription drug abuse and mental issues. Based upon the psychologists report, it was recommended that I take get no custody. I have never beat my children although the physchologist believed my ex and prodded children at the time. I am looking to obtain custody of my children.

My eldest informed me that last april she had attempted to commit suicide and I believe she has attempted again over the last week. She is losing her house due to lack of budgeting (but has a new car, the kids have all kinds of toys, etc.). She has no ability to help my children with school as she is unable to perform basic math without a calculator. One of my children desperately needs help and I am unable to do anything about it.

Does DCFS deal with these emotional trauma issues that my children have to deal with?

My two years are over now. Recommendations?


Asked on 1/09/08, 2:37 am

3 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Change in custody?

This needs to be addressed with the trial judge. You need a lawyer

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/09/08, 10:45 pm
John Steele Steele Law Firm

Re: Change in custody?

First, if the problem is truly grave, you do not have to wait two years, or two weeks for that matter. Next, many of your allegations are very serious, but you will need some sort of evidence, or proof that the ex is creating a bad situation for the children. If the home is being foreclosed, that may not be as damaging as you think. Important questions in my mind are what is the age of the children, and who do they want to live with now?

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Answered on 1/09/08, 2:53 am
Amil Alkass LAVELLE LAW, LTD

Re: Change in custody?

You will need to file a petition for change of custody and state factors in the petition why the best interests of the children would be "better" if they were to live with you. I believe drug abuse is a major concern, if proven (you will need to allege certain facts which substantiate your claims of abuse). Please email me with any follow-up at [email protected]. Good luck.

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Answered on 1/09/08, 11:44 am


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