Legal Question in Family Law in Illinois

custody and preference

I am currently divorced with 2 children. My ex-husband and I have joint custody. I am the residential parent. He also is remarried. I have since found a partner of the same sex. He is currently telling me that he wants 50% custody based on my immoral lifestyle. He wants to limit my ability to be with my partner with my children. I need to know if he can take my children away from me and if he will win 50% custody. My children love my partner and have a great relationship with her.


Asked on 3/25/08, 5:03 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: custody and preference

I wouldn't be too worried. First, it's not easy to change custody. There needs to have been a major change in circumstances from the time of the last custody order and a court needs to find that it's in the childrens best interest. Second, I simply don't think that the case law on this subject says that a homosexual relationship is a reason to change custody or limit visitation.

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Answered on 3/25/08, 5:24 pm


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