Legal Question in Family Law in Illinois

Father obtaining custody

We were not married, but have a parentage and visitation agreement filed with the court, in place over 3 years now. My son's Mother has changed over the past 8 months. She has seemed very depressed to incoherent at times. She has been in consuling and on medication for an eating disorder and hospitalized for complications resulting from this. I was not notified about this to have our son during those days. Recently she mentioned she might move out of state to be closer to a friend, who our son has just met. Shortly after he spent a night at a hotel with the two of them, 10 minutes from her parent's house who they live with. The following night he seemed bothered. I started talking with him. He began describing things of a sexual nature that he did not like this lady doing to his mom. He is only 4, and has not been exposed to anything like that before. I asked her to be more discreet around him if this was the case. She has since taken him out of state to visit this friend and her husband, without giving me an address and phone number as our agreement calls for. I have also found out they have not been staying at her parent's house, but will not tell me where. Do I have a chance to get custody at this point?


Asked on 5/28/00, 4:27 pm

1 Answer from Attorneys
Zedrick Braden III

Re: Father obtaining custody

Yes. The mother of your child

violated court rules by

removing him from the State

of Illinois without the

permission of the court.

A petition for removal should have been filed and the court would have held a hearing.

Certainly the allegations of

sex in front of the minor

with the other female could

justify you filing a petition

for change of custody. Get

representation. The sooner

you take action, the better.

Read more
Answered on 7/14/00, 3:05 am


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