Legal Question in Family Law in Illinois

Substance abuse, arrests, mental illness and custody

My ex (ncp) suing for full custody has a laundry list of factors which should render him unfit. He and child see each other sporadically. ex lived in halfway house for years, now moved out of state. Using false allegations to sue me, ex mad that he lost everything *divorced 6+ yrs). He's unstable to say least. Takes 3 strong psychotropic meds, felony arrest for possession/drugs 9/07 (1 month after lawsuit began). Did 30 day rehab stint, been to approx. 6 others since 2000. Evaluator recommends he take full custody, I've had sole for 7 yrs, child is bonded w/me and barely knows ex. Ex isn't bio dad, child has donor dad, IL law says birth cert. name is dad. Question is trial supposed to start next week (DuPage Co, IL). I want to dismiss/strike/continue...something to alert judge about psych health and drug bust, his side is mute. I'm Pro Se. Any suggestions? State statutes say mental health big factor + they have no ''convincing'' evidence, just preponderance. Ex has $$ so his attnys keep billing him. Anyone have help? Thanks!


Asked on 6/19/08, 12:44 am

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Substance abuse, arrests, mental illness and custody

You say "ex has $$ so attnys keep billing him", but it sounds like his attorneys are succeeding in getting him everything he wants. And if you think that you are going to represent yourself and win custody over a well financed and determined legal team, you might be very surprised. If the trial is supposed to start next week, you are really under the gun. I recommend getting an attorney, but something tells me that if you went through this whole process right up to the trial without one, you are unlikely to do so now.

I do wish you good luck.

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Answered on 6/19/08, 8:48 am


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