Legal Question in Family Law in Illinois
my wife committed adultery, were getting a divorce. she's moving out today but our youngest daughter, 8, cries and does not want to move out. can I go to the court house and file a paper stating she committed adultery and our daughter does not want to move with her
1 Answer from Attorneys
Yopu can file what you want but that does not do anything to stop it. If there is no order of court saying who the child should live with, your wife has no greater right to take the child than you do to keep the child. If you are contesting where and who the child should primarily reside with, then you need to propose that as a parenting plan, and file a motion seeking primary parenting time. If you are contesting what people used to call custody, you really should talk to an attorney who handles contested matters such as this.