Legal Question in Family Law in Illinois
me and my wife are going through divorce, we have a 2 year old boy, who is also US Citizen, i have green card but my wife was on student visa, don't know if thats still valid. i want this divorce as soon as possible and get my son's custody, i have visitation every other weekend. she doesn't work and lives with her brother, there are 8 people living in a 2 bedroom apartment, i am worried about my sons health and condition he is living in. she has also asked for child support. Is there any way i can find out about her status in this country and will that help in getting my sons custody and divorce? Also what should i do about there living condition, i am very worried about my son.
1 Answer from Attorneys
Custody dispute & quick don't exist in the same sentence in Illinois. The wait is so long, we had to pass a statute imposing an 18 month cap just to keep custody cases from dragging on forever. And I have nothing but bad news:
1) Her legal status will not stop her from taking money from you in the form of child support and alimony.
2) Only in specific situations will her legal status have ANY impact on custody determinations.
3) You need to petition for a home study to address living conditions.
4) Lastly, you are in over your head, retain counsel.
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