Legal Question in Family Law in Illinois

My stepson (14) decided to move in with his mom, she took us to court and got residential custody of him about a year ago. She has since moved about an hour away. He is no longer happy, and wants to come back home. Since she moved and changed his lifestyle, can we take her back to court, or do we have to wait the 2 years to get him back?


Asked on 12/11/12, 12:13 pm

1 Answer from Attorneys
Donald Boyd The Boyd Law Firm, P.C.

The first issue you need to address is standing. If he is your stepson you may not have standing to bring anything in court. However, the boy's mother does have standing. The standard for modifying a custody order in Illinois is 2 years from the date of entry, unless the court finds serious child endangement.

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Answered on 12/11/12, 12:17 pm


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