Legal Question in Family Law in Illinois

Change custody from joint to sole

My ex-husband drinks heavily and take presciption pain killers while drinking. On several occasions I have had to keep my children from riding with him because I witnessed him drinking. I have discussed my concern with him and he does not see the problem. I do not want my children to grow up watching some drink constantly and I do not want my children do be involved in a car accident before anything can be done. His normal routine is to take a Vicodine, drink 4 or 5 beers and switch to Jack and Cokes. He has taken Vicodine pills from family members with their permission on more than one occasion. Dealing with the divorce is hard enough on the childrren. I am providing them with a safe, positive environment. I do not want to put my children in his unsafe environment. He was also transporting the children without car seats until my son informed me of the situation and I put a stop to it. My son should not have to be the responsible person in the relationship with his father. I would like to get sole custody with the agreement that the father has supervised visitation until he has completed some kind of rehabilitation program. In the past the father has gotten violent with me which resulted in domestic battery.


Asked on 7/31/05, 12:05 am

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Change custody from joint to sole

You must have had a lawyer for your divorce, why don't you call him? This sounds like a battle. You'll have to file a petition, present evidence, and get a judge's ruling. My experience in this type of case is that the person being accused will lie, and the burden of proof is on you. You'll have to have real solid evidence.

Please call me for help. 773-237-3516

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Answered on 8/01/05, 9:23 am
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Change custody from joint to sole

In order to change custody you need to file a petition with the court and then the court will hear testimony and accept evidence before a decision is made. Given the issues involved I urge you to retain an attorney to represent you in this matter.

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Answered on 7/31/05, 3:41 pm


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