Legal Question in Family Law in Illinois

Child Custody

My 14 year old son currently lives with his father and wants to come and live with me. We have joint legal custody - his father has residential custody or so I thought - I went to the courthouse to get a copy of our current order but it is non-existent. We mutually agreed that my son would live with him at the time and I guess the order was never actually filed. The active order is the one stating that I have residential custody. He has been living with his father for the past 7 years so I'm not sure how to go about regaining residential custody or if because the current order states that I have residential custody can I just take him back?


Asked on 6/07/07, 8:13 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Child Custody

Oh, at a practical level if the father agrees with the "change" then you need do nothing with the courts. Would you be seeking child support from the father too? I think if you're not going to seek child support I'd just take your son back.

Legally you're protected if there is an order that says you are the residential custodian. How 'bout more practical things like...how far way is the father from where you live? Will he have a set visitation schedule?

Read more
Answered on 6/08/07, 10:17 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois