Legal Question in Family Law in Illinois

divorced father with exwife dying

My husband's exwife is dying of cancer. they have 2 children together 1 is 18 with Cerebal Palsey the other is 16. He has always met his financial responsibilities plus much more. His exwife has decided without his permission that the kids are going to their older halfsister. he and the halfsister hate each other. As their Father shouldn't he legally have to sign over custody to the halfsister after his exwife's death. He says he won't do that unless she waves all maintenance and takes sole financial responsiblity. supposedly the kids want to go to their sisters. My husband is very hurt but he loves his kids and wants them to be happy. What are his rights and what legally has to happen for her to get custody?


Asked on 10/10/04, 5:18 pm

1 Answer from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: divorced father with exwife dying

Generally his biological rights as the father would certainly supersede anyone else's rights except the other biological parent.

Very truly yours,

Thaddeus J. Hunt, Esq.

(312) 236-9906

Please remember that the above answer is for informational purposes only and should not be construed as legal advice or the creation of an attorney/client relationship.

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Answered on 10/11/04, 9:10 am


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