Legal Question in Family Law in Illinois

Husband seeking Residential Custody.

My husband moved out of our home 3 months ago and I filed for divorce about a month after he left. We have a 9 month old son. While we were married we both worked full time. 2 weeks ago I lost my job, and am now staying at home with my son everyday. His father is living with his parents. We are both good parents. What are his chances of getting Residential custody of my son? (He says he paid his lawyer $5,000 and is planning on getting custody of him.)


Asked on 8/20/07, 3:42 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Husband seeking Residential Custody.

Well, I'll explain the process and the standards that the court must use but surely I need to know more about the case and each of your circumstances to give you an answer about custody. The standard in IL law is the "best interests" of the child...it's a list of factors that looks at each of your individual lives and your ability to encourage the relationship with the other parent. For starters the court will require mediation between the two of you. Then likely a child's representative or guardian ad litem will get appointed to protect the children. Custody fights get to be time-consuming and pricey...more than $5,000 each. For now I would work on making sure you're not impeding the father's relationship with the kids...you want to look good while the case is going on.

Read more
Answered on 8/21/07, 5:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois