Legal Question in Family Law in Illinois

Issue with joint custody

My son resides with his mother, she is the custodial parent. Under her care my 10 year old son vandilized property. She sees no problem with letting him be roaming the streets at 9 o'clock at night. The owners of the cars filed police reports against my son his brother (Is not my child) and their friend. My son's mother came and told me that I am responsible for half of the damages to the cars. I want to know if this is true? He was not under my care at the time.I get him every weekend and certain holidays. I have told her several times that I don't want my son to be outside with no adult supervision. She doesn't care and contuines to let him go as he pleases. This is not the first time he has got in trouble with the law while in her care. I feel she is being neglectful and I have took her to court to try and get custody of my son and the court refused to hear my case. I have called DCFS and reported her several times. The system does nothing. I just need to know if I will be responsible to pay for the damages to those people cars while he was in his mother's care and custody. You respone will be greatly appreciated. I just need to know if I'm going to have to get a lawyer and fight her in court for being neglectful again.


Asked on 8/14/08, 9:58 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Issue with joint custody

If she doesn't have a court order saying that you have to pay half, then you can make her go to court to get half of the damages. Whether you'd successfully argue that you don't have to pay them is another story, but you should at least consult a local family law attorney to see what the chances are she would succeed with that.

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Answered on 8/15/08, 11:18 am


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