Legal Question in Family Law in Illinois

custody

I have a threee year old son with my ex. I went to court two years ago to get joint custody. The attorney I had stated that I would not be able to get joint custody due to the mother not getting along with me. So I recieved visitation. Since the order was entered the mother has tried to take away some of my scheduled visitation, talked bad about me infront of my son. I recently have taken her to court for rule to show cause for my summer visiation. My question is this, I feel it is in the best intrest of my son for both of his parents to have an equal amount of time with him. I feel that I is in his best intrest if his mother and I were both to have joint custody. Would it be hard for me to get joint custody of my son? Is it true that I will never be able to get joint custody because she does not get along with me? I would really like to have some help in this situation it is greatly important to me.


Asked on 8/08/03, 9:34 am

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: custody

There is no rule that you cannot get joint custody even if you don't get along. That is a ridiculous piece of advice. The court looks to the best interests of the child and nothing else. If it is in the best interests of the child then you may be entitled to a lot more visitation if nothing else than you currently have. It is the same standard to determine whether you are entitled to have the custody arrangement changed to joint custody. Everything is worth a shot.

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Answered on 8/08/03, 11:37 am


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