Legal Question in Family Law in Illinois
Repeated filing of motions by ex-husband
I went through a very bitter divorce with my ex-husband. I was granted full custody of our 3 kids. I have been in and out of court on far too many motions filed by my ex-husband in attempts to take the kids from me. They are now in high school and we just went to trial in March 2009 and the order was changed from full custody to joint with me being custodial parent. This was the new order. Well he turns around again and files yet another motion asking to be custodial parent without any reasons why the judge should reconsider her decision. I have been in and out of court for YEARS on motions without any grounds. This is annoying, stressful and to me this is harassment because repeatedly takes me way from my job and knows its emotional draining. What can I do to keep him from filing more frivolous motions of which I have to appear for?
1 Answer from Attorneys
Re: Repeated filing of motions by ex-husband
The good news is that it is very difficult to change residential status. The joint legal custody that he obtained is not that important. You need to make sure to either have representation or know what you are doing however, as loss of residential custody means the children will be living with him and you will have to pay support.
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