Legal Question in Family Law in Illinois

Child Custody - SERIOUS

My boyfriend of 15 years and I have three children. He is verbally abusive and on occasion has been physically abusive toward me for the last 1.5 years. I am getting ready to move out with the children while he is at work. I think it is in the childrens interest that they have no contact with him going forward or at least until he gets help. My question is what is evidence would be sufficent enough for a judge to give me permanant full sole custody of the kids. I plan on obtaining all the police reports for which he was arrested or the police came out for domestic abuse. I also have recordings in which he acknowlegdes that he is being recorded, says he does not care and continues to make threats. Can I use these? I have pictures of household items he has broken during his fits of rage. My family has witnessed several situations but will not be witnesses because they are scared. Will they at least talk to the children so that the children can confirm everything? He has told me in front of the children that he does not want the children but willl make it his prime goal to make my life very difficult if I leave. I really would like to make sure that I or the kids don't have to go through this anymore. Thank you for your help.


Asked on 12/31/08, 10:07 am

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Child Custody - SERIOUS

You can leave and you can ask the court for a protective order if you are concerned about abuse. Not everything you have mentioned is guaranteed to be admissible, but there is probably enough evidence here for you to get some kind of protection.

I want to put out though that it is almost impossible to completely prevent your boyfriend from seeing the children if he wants to. You may be able to require supervised visits, but he will still be able to have contact with his children.

Please feel free to contact us if you want to talk.

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Answered on 1/01/09, 3:29 pm


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