Legal Question in Family Law in Illinois

custody modification

My custody agreement includes overnight visitation during the week. This requires my children to awaken at 5AM. I have just moved to them in a blue ribbon school dist. I told my ex that we would have to stop the overnights when they started school this year because we moved 30 min. away, which would require them to awaken at 4:30AM. I offered to let him have them the same days but no overnights. He said that's not being a father. So I told him if he wants overnights he would be responsible for bringing them to school. He refused that offer also. I have given many other offers to make it easier on THEM, all of which he refused. I make $10 an hour and cannot afford an attorney. Is there any judge in Illinois who thinks a 4:30 wakeup time for a 9 & 7 year old is ok? This new school district will be a challenge for them. I believe they need proper rest to be able to meet these new challenges. I also believe they need their father and I wouldn't want them to be away from him. If he is so adament about being the father who does homework with them, why does that not apply to bringing them to school in the AM. What course of action should I take? He is speaking to his lawyer today. I am frightened they will suffer greatly because of this.


Asked on 8/22/05, 4:07 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: custody modification

You have very good grounds for filing a petition to modify the visitation. No child should have to wake up at 4:30 am in order to get to school in time. This will have a major negative impact on your childrens education and you ex should realize that.

Given your limited income you can file the petition yourself.

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Answered on 8/22/05, 7:05 pm


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