Legal Question in Family Law in Illinois
I currently have joint custody of my son. He lives in Illinois and I just moved from St. Louis from Illinois. Now I am not perfect by any stretch of the word, but I am a very good parent to my son. I have been at my present employer for well over 9 years. I have maintained health insurance on my son since he was 6 months old. I'm current on child support. It is mine and my fiance's priority to make sure he is safe, happy and there is a consistent positive environment for him when he is with us which is 3 nights a week.
Now I'm not in the business of defaming anyone but unfortunately things on his mothers end are not going so well.
Her house has been foreclosed on and who knows when the bank is taking possession of the home. She will not tell me anything about it. She has been fired from 5 different jobs in the past 2 years. she has had DCFS called on her twice, a complaint for contributing to the delinquency of a minor, her 14 year old daughter got cited for under aged drinking, I believe she has multiple warrants for her arrest. Her oldest son has been arrest multiple times for various reasons. Not to mention that she has been on a series of medicines for certain mental issues that she has and that are hereditary in her family.
My son has repeatedly stated how unhappy he is there and that he feels invisible when he is at his moms house.
I can't take it anymore. Im so sick at night thinking of his well being. I had bought him a phone for his birthday last year so he and I could communicate when he is not with me and last night she told him that he is not allowed to speak with me on days that I do not have him and she is not allowing the phone that i bought for him in her house any longer basically cutting of communication with him when he is not with me.
I don't mean to ramble but I feel the need to go after full custody. I know for a fact he would be better off in the long run if he were to be with us full time. The Kirkwood school district is one of the best in the state. Not to say that his school he is in now is not good because his teacher is awesome and he gets pretty good grades, but I know he would do even better in the Kirkwood school district.
I do not want any child support from her if I were to gain full custody of him. I just want him to be safe, happy and have a consistent and stable home life. One which he does not have at his mothers house unfortunately.
Please advise as to what you think I should do.
Thank you for your assistance
Chris Cloud
3 Answers from Attorneys
I think you should hire an attorney and see full residential custody of your son.
If I am reading your fact pattern correctly, your son and his mother live in Illinois and you live in Missouri. You will have to bring your custody modification action in the county in Illinois where they reside, or in the court that entered the joint custody order. The issue of child support is secondary. You should consult with an attorney in that county. Good luck.
The above answer is correct. But, there are many competent attorneys who could represent you. I have fought custody battles in several different Counties throughout Missouri and Illinois. If your case is in a jurisdiction where I would be competent, I might be able to offer my services to you. Please feel free to contact me for a free telephone consultation