Legal Question in Family Law in Illinois

father's right to custody

Are there any case laws in Illinois where the father has reversed a full custody agreement based on current emotional abuse to the children? Both children want to live with their father. The 12 year old is failing school,has been suspended from school for fighting several times, is threatening to run away,is frightened of the mother, and is very depressed. This child is finally seeing a counselor after we demanded the mother to seek counseling for both children. This mother refuses to let the children, or at least the 12 year old, permanently or temporarily live with the father. We have been advised that in most courts today, it is hard to prove emotional abuse and harder, still, to reduce custody once it is agreed upon. Also, is there a case supporting a decision based on which parent should rear the child according to gender of child and custodial parent, regarding the best interest of the child? Is there actually an age where the judge must let the child decide where he lives?


Asked on 12/11/01, 8:23 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: father's right to custody

You ask several questions. Let's address the important issues. Final Judgments regarding custody and other family law matters can be and are changed and even reversed if the facts justify it. Based on the information provided, you can ask, or "petition" the court to modify the final judgment because of a substantial change in circumstances. Although there is no magic age at which a court will consider a child's custody preferences in making a decision, the court will give serious consideration to a child who is 12 or older and is mature for his or her age. Often in such cases, the court will order that a psychological evaluation be made of the children and parents (or you could ask the court to order one) to advise the court regarding the best custody arrangement. Remember that the court will decide on the basis of what best serves the interest of the childen. Your mission is to persuade the court that it is in the best interest of the child for you to have custody. These cases can be complicated; you are advised to seek the counsel of a family law attorney.

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Answered on 12/11/01, 10:36 pm


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