Legal Question in Family Law in Illinois

Need for modification

Wondering where to start with

modification of custody order.

My ex-husband and I have joint

custody with equal time.

However for the past five months

our children have lived with me

full time. He has had no

visitation with them. Just phone

calls and letters. He returns

soon and wants to go back to

original agreement. I don't feel it

is in the best interest of the

children now that they have lived

with me full time for such a long

period of time. Would like him to

have visitation, but for them to

remain in my care should he

leave again. Please help.


Asked on 7/08/06, 10:03 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Need for modification

Hello. You will need to file a motion to modify

the present order. The motion should be detailed

and should include the date when dad last saw

the children and the fact that there has been

no face to face time between him and the children

for 5 months. Your motion must argue why it is

in the best interest of the children that they

reside with you on a full time basis and why it

would not be in their best interest for there to

be shared time between you and dad. I strongly

suggests that you get an attorney to represent

you. The Court will probably appoint an attorney

to represent the interest of your children. Dad

will probably argue "what's the big deal" and you will need to be able to show that his absence

has brought about a change in circumstances in

terms of your children's best interest. There

are additional steps to this process. I will be

happy to answer any additional questions that you

might have.

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Answered on 7/08/06, 10:20 pm


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