Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> IL
 Question:
I met with an attorney 7 months ago and paid that attorney $50 to begin bankruptcy proceedings. I provided the attorney with all my personal financial information. I later decided not to file. Now my spouse is using this attorney in our divorce. I am very uncomfortable with that lawyer having all my information. Is this a conflict of interest?
I will not be using an attorney and want to know how I would go about having my spouse’s attorney removed because of the conflict of interest.
 Question: Seven years ago, I got divorced in Illinois and was named the custodial parent of my children. Since then, I have moved to Texas.
Now, 7 years after the fact, my ex suddenly is filing a request to take the kids away from me. There has been no wrongdoing on my part, I don’t have a criminal record or anything, and I’m recently married with a very happy, intact family.
Is there any chance she can swoop in 7 years later and take my kids?
Question:
My wife and I are in the process of getting a divorce; she has moved out of the marital home 3 months ago, admits she has everything out of the house but comes as goes as she pleases in the house even when I am gone. Her lawyer tells her that if I change the locks, to break a window or whatever she has to in order to get in because she still owns part of the house. Can she legally do this?
Answer:
I am not licensed in Illinois. However, I recommend that you get a court order giving you temporary exclusive possession of the home. This will prevent her from legally returning to the home.
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Posted by Dads Divorce in Visitation , residence , Parenting , move , IL , custody , custody , custody , child , Ask A Lawyer , abandonment
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Question: My wife took my son away without any discussion. What rights do I as a father have to my son? I can better provide for him and live at our residence. I do not want to lose my son and want to see him as much as possible. Why is it ok for the mother to take the son away when there is no violence or danger in the home? What about the rights of a very loving father? I am upset about this and want my son back, any help would be appreciated. Answer: I am not licensed in Illinois and therefore cannot answer your question specifically to the laws of that State. Your wife has no more rights to take your child that you do to take the child from her. She can of course move out of the marital residence, but you can pick your son up from school, go see him etc. However, you do not want to offset her bad actions by committing the same mistakes she is currently making. I suggest you retain an attorney, file for divorce and seek a temporary hearing on custody. Your wife's bad acts by keeping your child away from you can be used against her to show that she is not a good co-parent. Co-parenting is a large factor in many custody determinations.
 As part of the ‘national conversation’ on fatherhood that President Obama would like to have, we need to talk about the presumptions of Illinois divorce courts that influence our perceptions of the value of father involvement.
The de facto minimum parenting schedule used by Illinois courts remains, as it has been for decades, "every other weekend" with a weekly non-overnight "visit” for the non-custodial parent, normally the father. This antiquated, minimal ‘standard visitation schedules’ is, according to a nationally-respected child development specialist, "child-unfriendly" and befitting only "disinterested" fathers.
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