Petition Custody Form With 2 Points In Illinois
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FAQ
A court might find that substance abuse, addiction, domestic violence, or untreated mental illness, for example, endanger the child. In cases where the other parent has abandoned the child or is incarcerated, you'll be able to get sole custody relatively easily. You'd still need to prove these things in court.
Sole custody is rarely granted in Illinois. The state's preference is for children to have ongoing relationships with both parents.
A parent is unfit if there is proof of them doing things like abusing, abandoning, or neglecting. If a parent is deemed unfit, they will no longer have custody of the child.
Begin by opening a case with your local family court and filing a petition for allocation of parental responsibilities. The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case.
Declaring a parent unfit will require absolute proof of one or more of the following: The parent abandoned the child. There have been continuous or repeated incidents of substantial neglect of the child. There is evidence of extreme cruelty or repeated cruelty against the child by the parent.
The court examines multiple factors about the child's needs and parents' abilities to make appropriate custody arrangements, such as the child's relationship with each parent, the mental and physical health of all involved, and the parents' ability to cooperate and make joint decisions.
Thank your for your question. To answer your question, yes, you can get sole legal custody but you will first have to undergo a trial to prove your case. You have to demonstrate with evidence that there is a change of circumstances and that he has not abided by your agreement and show how he has not abided by it.
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
