Legal Question in Family Law in Illinois
In July of 2011, a judge ordered that custody of my son to a man that isnt biologically his. I feel it was unfair and not only did the judge believe what the plaintiff was saying, but the plaintiff defamed my character and it resulted in the lost custody of my child. I have had my child my whole life, and I want to know what I can do to get him back,
1 Answer from Attorneys
A custody judgment is not modifiable for two years The statute states:
"Unless by stipulation of the parties or except as provided in subsection (a‑5), no motion to modify a custody judgment may be made earlier than 2 years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his physical, mental, moral or emotional health." As you did not appeal the court's determination, if it was a final order, you can do nothing. The court made the determination based upon what it perceived your conduct to be. Either accept the court's determination and attempt to modify your conduct in the areas the court perceives problems with, or the order may not be changed anytime in the future.
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