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.
1 Answer from Attorneys
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.