Legal Question in Family Law in Illinois

The father of my child and I just agreed on joint custody of our 18 month old son, but now i want to get full custody of my son. I just want full custody but would allow visitation. Can i file for full custody and what are the chances of me getting it?


Asked on 2/27/13, 1:45 pm

1 Answer from Attorneys

George Ellis The Ellis Law Firm

Your chances depend upon how the court would answer the question of what custodial situation is in the best interest of the child. In order to look at that, the court will look at things like which of you has been the primary caretaker of the child so far, housing situation, support systems (i.e., relatives or daycare) that each person has to assist, any possible criminal history of either of the parties, any history of mental illness, etc. From this inquiry, the court will decide where the best interest of the child lies and, therefore, how custody should be set (either joint or full w/visitation). Depending upon how well you and the father get along, courts lean towards full custody to one or the other parent with visitation for the non-custodial parent. You would be advised to hire an experienced family law attorney near you to assist you in this matter.

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Answered on 2/27/13, 1:54 pm


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