Legal Question in Family Law in Illinois

ex-husband problem

I have been living with my girlfriend and are getting married in the future.

She has a 3 yr old son with her ex. He cheated on her and she took her son and left. We have been fight with him over custody and visitation time for over a year now. Right now he gets him every tuesday and thursday, he is hardly ever there. He has his girlfriend, who he is living with, pick him up from daycare or our house around 4 or 5 in the evening and he usually doesn't get home until after 8, basicly his son who is supposed to be spending time with his father is spending it with his fathers girlfriend and her son. We have tried saying that if you are not going to be there this your son doesn't need to be there either. He says he has no job, but owner is own auto body shop. he says he can't even come up with $50 a week for child support. Doesn't pay for daycare, insurance, doctor visits, clothing, but wants his son more and has threatened to fight for full custody. We would like to know what our options are and what we can put in the papers at the next court date, without going for full custody. Thank you.


Asked on 2/08/08, 10:04 am

1 Answer from Attorneys
John Steele Steele Law Firm

Re: ex-husband problem

There is an entire set of issues, and pieces of law you need to be made aware of. From the sound of it, your GF should ask for sole custody with parenting time for the father. support is separate from visitation, so the fact that he does not pay, is irrelevant to visitation. It IS relevant to custody, because he is showing he is not a responsible parent (plus he is not spending time with him). I would not be worried about any judge giving him sole custody based on what you stated. Child custody is complicated, and people oftentimes do not craft a well thought out agreement to handle the child's life and well being until that child is 18. I recommend at least having an attorney review any joint parenting agreement you come up with.

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Answered on 2/08/08, 6:58 pm


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