Legal Question in Family Law in Illinois

I have two children with my ex wife. I was awarded custody of one (Gage) and the other she was (Tyeson). We have been divorced since 2001. Well last march she asked me to take Tyeson as well and I did (he was malested by his step dads son, went to a mental hospital and put on many meds). Since he has been with me this past year he has improved his grades and been med free. She did not see either of them for over a year. Last week they both went to visit her for a week and now she is arguing wanting Tyeson to move back in with her. I dont feel that is a good enviroment for him seeing everything that happened and she has not seen this for a year up till last week. Now we were divorced in Indiana and I want to go and fight for custody. Do I have to go back to indiana or can I file here? I have lived back in IL since 2002 and Tyeson has been here since march of last year! Thank you so much!!!


Asked on 6/13/11, 6:40 am

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

Theoretically, the answer is maybe. I (as would any other attorney) would need to look at the entire totality of facts surrounding this case. Location of the minor children is given weight, but other factors may end up deciding whether you can register the order (and subsequently modify it) here in Illinois. Talk to a family law attorney in your area for specifics.

If she files first, you lose the option of a better venue. So I would urge you to address this ASAP.

Read more
Answered on 6/13/11, 10:37 am


Related Questions & Answers

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