Legal Question in Family Law in Illinois
I have been divorced for 3 years now and we have joint custody, he recently has told me that he wanted to fight for full costody and take them from me permanently, my question is can he do that with a criminal sexual assult charge that he has to register for 10 years?
2 Answers from Attorneys
he can seek custody. Whether he will succeed is a different story. If he is a registered sex offender, a judge will look at his request very carefully. But you do not indicate why he is seeking custody. he perceives that there is something in your live which gives him a basis to seek custody.
Since you are the residential parent, and he has a criminal background like that, it is very unlikely a judge will simply change the child's living arrangements. What he is asking for is a big change for the child, and he has a high burden to get what he is asking for. The key for you is to be careful, and if you are served with anything, immediately contact an attorney. If your worried about his trying to sneak around and do something behind your back, contact an attorney and have the custody changed to full custody for yourself.