Legal Question in Family Law in Illinois
My daughter father has not paid any support since the order 3 yrsa ago. He is working as a babrber Tuesday - Sat. In the order it was stated he have to get her on Sunday and bring her back on Monday which he does that but she be missing school on Monday and he suppose to have his own place which he doesn't per court order. Now, the issue is that my daughter came home 2wks ago with bed bug bites on her face. Now, she really doesn't want to go over to where he lives, she keep telling me sheslept on a couch with a hole in it a all those bugs ware coming out and they were crawling on her and her sister. Honestly, i have to bribe her to see her father, she is always screaming and crying because she doesn't go over there, even if you mention she is going she immediately start crying. Now, he is threatening to have me arrested and to get joint custody because i wont let her go back until he takes care of the bug problem. He is a 3rd time felon but he is off parole now. I want him to be apart of her life but he need to start helping me support her, my parents are the ones that is helping me. I work but i still need a little help. will the judge give him joint custody? i'm afraid.
2 Answers from Attorneys
Hightly unlikely that a Judge would ever order joint custody unless you agree. If your ex is not complying with the court's orders including support, you need to take him back into court. Regarding the bed bugs, you should probably take your daughter to a doctor and have her examined. You may also want to notify DCFS as your ex is supposed to provide a safe environment when he is with her. I wouldn't worry too much about his threats but you need to get into court as soon as possible to modify his visitation and advise the court about his living conditions and why you don't want your daughter visiting with him at his house. You will need medical confirmation of the bed bugs so be sure that she is seen by a doctor. You should also treat your own place for possible bed bugs. They could have gotten into your daughter's things and been brought into your home.
i agree with the previous post except for involving dcfs. you should take your daughter to the doctor, but provide the court with the information directly. the court will only do joint custody if both parties agree to joint custody, so, if you do want to have joint custody with the father, do not agree to joint custody.
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