Legal Question in Family Law in Illinois
My husband has an 8 year old from a previous marriage and has always had joint custody with his ex (50/50). She was technically primary because she had him 730-430 min-thurs when he was in school but they had him equal nights each week. They split all costs, but he still paid her child support (makes no sense - they already split all costs). In August she moved out of state with her new husband to where HIS family is from (not hers) and they agreed he would stay here, and she wrote up a contract. My husband and I were thrilled but when we read over her contract there were a few changes we wanted to make. She didn't like this and then a month later decided to petition to remove him from the state. Right now we have temporary custody (signed by a judge) until this case goes to court. The judge is making them go to mediation to figure out a visitation schedule wether he stays here or moves 7 hours away. If he moves there she will have to bring him to us every three day weekend, breaks, and summer so he will be in a car for 14 hours every month. If he stays here she will just drive here when it's convenient for her (she doesn't work). She has another kid and is expecting again and her husband is also always gone for work so it's just her there really. Now we just bought our first house and he recently changed schools (top school in our town) so if he were to love there he would of course have to change schools again. Her family, my husbands family, and my family are all here. My husband has always been a huge part of my step sons life. Like I said they split custody so he was equally involved on every level. She is trying to use the fact that he is a firefighter against him because he is on 24 then off 48. So 2-3 nights a week he is gone (one of those nights we let him stay with HER mom) the other night or two he is with me and his sister (my daughter) at home. I know the burden is on her to prove it is in his best interest to move but I honestly can't see him going there being in his best interest what so ever. Our attorney says we have a a really good chance but I can't help but worry still. Judges favor the mom a lot a di don't think that's fair! Is the fact that he is a firefighter actually going to hurt him? He took this job to provide a better life for our family and she's going to use it against him?! She clearly had an alternative motive to petition if she originally said he could stay.. Do we have a good chance here?
By the way when we originally agreed he would stay here we told her we didn't want any child support sense she was going to let him stay and we wouldn't have to pay a lot of court fees. She made it clear that if she gets custody she was going to ask for child support (she claims its for gas) So she wants to take his son and then charge him to see him. That's the kind of person she is. Needless to say we are now filling out papers for temporary child support - thousands of dollars later.
1 Answer from Attorneys
Listen to your attorney. The fact that Dad is a firefighter should not work against him - he is there 48 hours straight. There is never a sure fire winner, but from what you say, listen to your attorney. You have the child. Possession is a great thing.