Legal Question in Family Law in Illinois

Im in re hab for vicodin my boyfreind went to court and received tempory custody of our son how can i get this changed he did not tell me he was even going to do this


Asked on 3/07/13, 7:46 am

1 Answer from Attorneys

George Ellis The Ellis Law Firm

You are going to have to go to court to end the current temporary order. Temporary orders generally either expire at a certain specified time or upon further action of the court. The child's father was fully within his rights (and obligations) to seek temporary custody when you went into rehab and, given that you are still in rehab, is unlikely to lose temporary custody anytime soon. You will ultimately have to demonstrate to the court that you have successfully completed rehab and that it is now in the best interest of the child to be returned to you. Depending upon the circumstances of your boyfriend, this wil be quite difficult for you to establish. In any event, two recommendations:

First--you will require the services of a highly skilled attorney to have a chance to end the temporary custody order; and

Second--you might want to wait some time (perhaps 6 months or more) before taking any action against the temporary custody order (because losing a custody fight outright is always a bad thing) during which you can demonstrate your sobriety ultimately to the court.

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Answered on 3/07/13, 1:40 pm


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