Legal Question in Family Law in Illinois
Joint custody
My nephew has recently moved in with me and my daughter, he has a felony against him. My ex-husband wants him out and said he will take me to court if I don't kick him out. Can he or the judge make me kick my nephew out? His felony is for transporting a prostitute.
3 Answers from Attorneys
Re: Joint custody
Its possible, if its not in the best interest of you child. How old is yor daughter?
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Re: Joint custody
Of course a judge can do something in the name of "best interest of the child". If your ex really wants to make a big deal out of this (seems unlikely) he will have a tough time proving to a judge that the nephew is endangering your child. Unless he can, the judge will deny him request.
Re: Joint custody
That's not an easy yes/no answer but I'd lean towards your ex-husband not being able to be successful. It sounds like you have custody of your daughter and he has visitation rights. The specific issue of your nephew isn't something a court could do anything about. I think the only thing your former husband could pursue would be to attempt and change custody. The nephew living with you would probably be evidence against you but a custody change is a big, broad analysis that takes time and can be expensive. In other words there would be a lot to it beyond just your nephew. I wonder if your ex-husband really wants to pursue that "big" of a case or change.