Legal Question in Family Law in Illinois
My current custody agreement (from 2001)declares my ex husband as the physical custody holder, but we share joint custody. My 14 year old had lived with his father until 2 years ago when his father was physical with him. Said son has lived with me for 2 years now and has been provided a better life. His father (ex husband) was recently discharged from the military for consuming and distributing synthetic marijuana and is now moving back to the area in which I reside. He is threatening me to take my son away from me now, and I am scared for my son's well fare. What steps should I take to ensure he doesn't take my son and make his life a bigger living hell than he has already caused?
1 Answer from Attorneys
You need to petition the court in your area for a change or modification of custody making you the residential parent and giving you sole custody. Its part of your divorce and the court has continuing jurisdiction to modification the custody/visitation order as the children get older.