Legal Question in Family Law in Illinois

Divorce and custody

Can my husband i have not been with for a year file for divorce and custody of or two children without telling me the children live with him and his mother last february i wrote and signed a paper saying she has temporary guardianship of them and he was absent at the time our daughter is dieing from a very rare genetic disease and i could not take care of them by myself (i have no family to help) i talk to the kids everday on the phone he does not know this he says im not allowed to talk to his kids so i call when he is at work just so there is no argument and his mom lets me talk to them saying not to tell him because she doesnt want to argue with him


Asked on 5/14/08, 4:29 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Divorce and custody

I would need to see the legal paperwork involved. If he fraudulently obtained a divorce decree without your knowledge, it can be overturned. It sounds like you need to have an attorney look to see what the alleged divorce papers look like. As far as custody, you are still the mother of the children and entitled to see them or talk to them anytime you want, unless there is a court order to the contrary. Again, depends on what orders are out there.

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Answered on 5/14/08, 4:43 pm


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