Legal Question in Family Law in Illinois

Custody of Child by parent charged with a felony

My niece has custody of her son. She has been chargd with a class 1 felony of possession of marijuana. Her lawyer belives she was charged because her boyfriend is a drug dealer and won't tell them something they want to know so thye have charge her to put pressure on him since the drugs were found in her house. She did not know he had left them there when she left town. NOW Her ex boyfriend, based on the allegation is now going after custody of their son. He has missed 90 % of his visitations and just had his first paycheck garnished for non payment of child support. Does the law take children away from their parents without a criminal conviction? Is this something he can win just because she has been charged?


Asked on 3/27/08, 7:09 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Custody of Child by parent charged with a felony

All her ex has to prove is that she's an unfit mother. For a felony conviction alone her ex may have a difficult time. However, for having a drug dealer boyfriend, her ex's lawyer could think of all types of situations the children could be neglected or put in danger. Then again, if your neice is convicted and imprisoned, he would get the children automatically. A Class 1 felony carries a sentence of 4 to 15 years. Please call for a free consultation.

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Answered on 3/28/08, 11:12 am


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