Legal Question in Family Law in Illinois

Re: change in custody stemming from neglect

For support to stop there needs to be a formal change in custody through the court. You need to show a substantial change in circumstances from the time the initial custody order was entered and that it would be in the best interests of the child/children that they reside with you. Pure "economic hardship" issues likely won't be enough if the other parent contests. A physical examination of the parties in custody cases can be ordered. We've had drug tests done before...I'm not sure about what can be found re. non-illegal drug substance abuse.

Custody cases are fairly involved and can be costly. You might really look into the other parents circumstances before deciding to proceed. Also, from our experience oftentimes if you get the other parent into court they'll compromise. It will cost the other parent $$ to fight the change.

Re: change in custody stemming from neglect

You need to file a petition to change Custody.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

Re: change in custody stemming from neglect

You will need to file a change of custody petition which requires establishing that the best interest of the child would be met by the change. With the change of custody, an order could be entered which would cease the payor's child support payments. Further, you could also petition the court for drug testing.

Re: change in custody stemming from neglect

YOu have to file a Petition to Change Custody. It is not easy. Normally, it is a "he said, she said", and few people are dumb enough to not come up with excuses as to why they are evicted etc. Depends also on your financial situation. It would appear to me that you can get the child support stopped pretty easily, which may be more important that custody (for right now). Then, after you establish that, and let the children "establish" their new home with you for 4-6 months, then file for custody. The process of changing support is pretty straightforward. But you really need to speak to an attorney or two on the matter, since it will require the court to be convinced that the facts have changed and changes enough to warrant support changed.