Legal Question in Family Law in Illinois

Child Custody

My husband has joint custody of both of his children. One child resides with us, the other with the natural mother. We feel it would be in the best interest of both children for them to reside together. The mother does not agree.

What is the precedence in this category? They were divorced in Peoria, Illinois.


Asked on 4/22/01, 3:35 pm

2 Answers from Attorneys

Dorene Philpot Philpot Law Office

Re: Child Custody

Absent a showing of unfitness of one of the two of them, the court would most likely leave the arrangement as it is now.

The fact that someone prefers something else is irrelevant to the court, unless there is a set of problems or circumstances to base that preference on.

You can always ASK the court for a change of custody, but it's tough to get that done unless one parent is proven to be unfit.

Sounds like you need an Illinois attorney, not an Indiana one....

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Answered on 6/14/01, 7:31 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Child Custody

The reply from the Indiana attorney is generally correct. You, or your husband more specifically, should seek the advice of an Illinois attorney and preferably one experienced in custody matters in the county in which the original custody order was entered. Usually one parent can file a motion seeking a modification of the existing order if that parent can show changed circumstances which make it in the best interest of the child for the custody order to be changed. However, the preferences of one parent are normally not enough.

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Answered on 6/21/01, 12:55 am


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