Legal Question in Family Law in Illinois

I have sole custody of my daughter. When I asked for an increase in child support the father and his wife not want joint custody because he does not want to give me more money. He stated in his motion that he keeps our daughter 2 weeks out of the month and that statement is not true. He and his wife think that because they are married and I am a single parent they can take her away from me. What recourse do I have?


Asked on 10/27/10, 12:30 pm

1 Answer from Attorneys
Stephen Messutta

Get a lawyer and fight it if you want. If your ex paid for your lawyer the first time around, he may be stuck now. Your divorce decree tells you what your and his rights are as to custody. So if he's claiming he has your daughter more often than he's allowed you may wind up having to disprove it through your own daughter's testimony if she's capable....

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/03/10, 7:34 pm


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