Legal Question in Family Law in Illinois

Child Custody from Illinois to Iowa

My ex husband and I received a divorce in 1998 in Dekalb, County Illinois. Joint custody was granted and I am the custodial parent. My eldest son is now 14 years old and wishes to live with his dad. Due to his dad's past violence associated with me I am scared to just simply let my son move in with his father. People have informed me that allowing him to live in Iowa would make things very difficult for me, since it crosses State lines, if my son ever wanted to return to Illinois if his father prevented it.

Is this true?

What are my options?

My ex husband offered me a document hand written by him stating that my eldest son would come live with him for one year. He wanted me to sign it. Is this document considered a legal document and could it be used by me if he did refuse to return my son from Iowa?


Asked on 4/24/03, 5:55 pm

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Child Custody from Illinois to Iowa

A court of law makes decisions regarding the custody of minor children. If a parent wishes to attempt to modify the custodial arrangement they must obtain the permission of the judge.

Simply signing the document is not enough to per se alter the custodial arrangement. However, signing the document could be used to demonstrate that you do not have a problem with your son living with his father.

If your ex-husband wishes to alter the custodial arrangement, then let him go to court and try to convince a judge.

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Answered on 4/27/03, 12:40 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: Child Custody from Illinois to Iowa

It's not going to be enough to sign a document - you must go back to the court where you got your divorce and get permission to modify the custody. However, sending your son to live with a violent man does not sound like what you want to do. Don't be intimidated - you received custody for a reason. If he wishes to change that legally, he must go back to court.

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Answered on 4/28/03, 11:13 am


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