Legal Question in Family Law in Illinois

My exhusband has Asperger's Syndrome and is borderline sociopath. I remarried and he wants to stop child support and I think he also wants to get more custody time (currently has our son 2 nights a week until 8 pm and every other weekend). He has insisted he stay in afterschool care every day after school.

My son is now having some serious behavioral and academic problems at school and with other children and I am concerned about my ex's already negative influence becoming more significant as he gets older (he is turning 7 soon).

We are headed to court over the child support question, but my question regards a future custody case. We live in Illinois which a very pro-fathers' rights state, and although I am increasingly more concerned about changes in my son, I am also concerned that if I try to reduce my ex's amount of time with my son, things will get worse.

Here's my question: I have heard that DCFS psychological assessments of the three of us will carry more weight by the court than those of an independent psychologist (and is cheaper). Is this true? How do I go about getting this? Why hasn't my attorney suggested it? Also, am I better having a man or woman represent me? (In sexual harassment cases the man seems to always be represented by a woman...)

Thank you in advance for your help.


Asked on 2/20/11, 6:10 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

I am unaware of any DCFS push assessment programs. I disagree with your claim that IL is a pro dad state, as will many lawyers. If you ex has been diagnosed with Asberger's, has there ever been an evaluation of that effect on your kid. Does your kid has Asberger's also? Get him evaluated immediately.

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Answered on 2/21/11, 6:20 am


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