Legal Question in Family Law in Illinois
Rights when substance abuse is cause of Divorce
When there are children involved and one of the parties owns the home before the marriage, is it unreasonable for the custodial parent of the children to request residence in the home for a certain period if it is in the best interest of the children...the children are not his own, but he is an alchoholic and the result of the dissolution is due to this problem.
2 Answers from Attorneys
Re: Rights when substance abuse is cause of Divorce
Depends on which spouse owned the house before the marriage
Re: Rights when substance abuse is cause of Divorce
I am not sure if I understand this. Are you asking if a man who owns a home prior to marrying you, and you bring children unrelated to him to live with the two of you, can you ask the court to take away his non marital home for the benefit of you and your children (whom he is not related to)? Ouch. You might be able to if he does not show up for court, but that is pretty cold blooded, even by lawyer standards. Also, remember that the reason for the dissolution is not relavant (almost always), so his alcoholism will not even enter the picture since there is no custody issue.
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