Legal Question in Family Law in Illinois

Re: Getting full Guardianship of child

Your inquiry is confusing. I surmise your fianc�e has joint custody of his two youngest children, with primary residential placement of one child with him, and the youngest child with his ex. You seek primary residential placement of both the children, and you want to know �what is needed� to get primary residential placement of the youngest.

The answer is plain: you need a court order. There are two ways to achieve this. Your fianc�e and his ex can reach an agreement on it, and seek an order of the court approving of the change.

Alternatively, your fianc�e can file a petition for modification of custody with the court. To prevail, he will be required to prove by clear and convincing evidence that there has been a substantial change in circumstances since the prior custody order AND that a change of custody is necessary to serve the best interests of the child. �Clear and convincing� is a heavy, heavy burden of proof.

I cannot imagine how a lay person could handle a contested change of custody case without legal help. Custody of minor children is one of the more serious and difficult matters of law, a field that requires capable conscientious counsel. I am confident there are many very skilled attorneys in your area who can meet your needs.

One thing for certain, before you do anything which creates a conflict with your fiancee�s ex, seek a lawyer�s advice. Child custody matters are serious business. And the hearts, minds, and well-being of the children are also at stake.

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