Legal Question in Family Law in Illinois
Custody
My husband has 2 kids, age 3 and 5. Neither one are in any type of school. They are watched by a disbled grandfather, who can't walk or an uncle. When we get the kids, they are unbathed, the clothes and shoes on the oldest are too small and the opposite on the youngest, with his clothes and shoes too big. Sometimes they have coats on(which are unsuitable for the weather) and sometimes they dont'(like after its just rained). Their mother works and goes to school. The kids say that Mama doesn't come home til 11pm. She is never there when we pick up the boys wether it be on the weekend or during the week in the evenings. We've spoken to the grandmother in regards to their hygiene and clothing. Her response it that she dresses them in what their mother leaves out for them and that she doesn't get involved with how her daughter is raising the boys. HOw does my husband go about gaining custody. He pays child support and provides clothing that fits that they do take home, but we never see the boys with any of it on again. He is current on his support order and also provides medical coverage for both. Any direction you can provide is greatly appreciated as we do not know where to begin.
3 Answers from Attorneys
Re: Custody
You seem to have many grounds for the regaining of custody. You must petition the court to do so. The court's standard for determining who a child lives with depends on the child's best interests. You must convince a judge that what you say means that it is in the childrens' best interests to change custody.
Re: Custody
It depends on how long ago the court ordered the current custody. I'm assuming it was less than 2 years, but I could be wrong. If it was more than 2 years ago, your burden is lessend.
If the order is less than 2 years old, you must file a written motion stating what you stated here, and then appear, and testify with the purpose of convincing the judge what you describe constitutes serious endangerment of the children�s physical, mental, moral, and emotional wellbeing.
You have a decent chance of doing that.
Good luck!
Larry Falli
Re: Custody
The court's primary driving interest in custody matters is determining what is in the best interests of the child. If the judge determines that the children are in danger from harm, suffer neglect, and other factors tending to show that the present custody arrangement is not in their best interests, then the judge has the power to alter the arrangement.
Good luck,
Thaddeus J. Hunt, Esq.
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