Legal Question in Family Law in Illinois

Re: Custody

Hello. I can understand your concerns. To change custody your ex-husband would have to file

a petition for change of custody with the Clerk of the Court and then he would have to serve you

with a notice of motion and the petition at least

7 days before a scheduled court date. The court

would probably appoint a lawyer to represent the

interest of your children. In my opinion, your

ex-husband would be fighting an uphill battle

because he would have to show why it is in the

best interest of your children to change the

present court order which apparently grants you

sole custody. I know that these kinds of court

battles can be very emotional since I have

handled many of these types of cases for over

20 years. As long as you are in compliance with

all provisions of your divorce judgment, inclu-

ding the provision pertaining to your ex-

husband's visitation rights, you are in good shape, although I suggests you secure a lawyer

now to prepare for any court action by dad. In

most instances a judge will support the status

quo, however you should take any petitions that

you may receive from your ex seriously. I will

be happy to answer any additional questions that

you may have.