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 >> siblings
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Posted by Dads Divorce in Visitation , siblings , relocation , Parenting , multiple fathers , multi-state , motion , IL , custody , custody , Ask A Lawyer
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Question: The child's father and I went to final trial and he doesn't want me to move to different state. We had a GAL and she wrote in her statement that she felt that I was moving with bad faith motives but I was moving to better my child's life and mine. Will they make me stay if I have already been here for two and a half months with a job and apartment not to mention that my other child's father lives here and been here for two years. I even said that my child's father can have all the summer plus rotating breaks but he said no. Answer: I cannot advise you with regard to the laws of Illinois as I am not licensed in that State. I am a little confused on the facts presented in your question. In particular when did you move, where did you move from, was the relocation addressed by the court the "final trial", did either party file a motion to modify or motion in opposition to your relocation, what is the current court ordered custody schedule for the father? If you relocated without permission of the court and the father has a pending motion regarding custody and against the recommendation of the GAL, you need to be concerned that the court will order you to move back to your prior area or in the alternative will change the custody of your child to the father.
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Posted by Dads Divorce in well-being , Visitation , siblings , Parenting , multiple divorces , motion , GA , emotional , custody , custody , Ask A Lawyer , age
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Question: My ex-wife has signed over custody of my thirteen year old son to my current wife and myself. We have one other son together, he is 11. I found out last night that she and her current husband are going through a divorce. What are the chances of getting my youngest son with me too, so he does not have to go through the divorce scene again? I am really concerned about his emotional well being. He and his step dad were pretty close, unlike the thirteen year old and the step dad. I really need some advice. We live in Georgia. Answer: I am not currently licensed in your State and therefore cannot answer your question specifically to the laws of GA. Generally, I believe you have a solid basis for a Motion to Modify Custody. The mother's situation is in flux and that could involve a change of school, new home and other negative aspects of the divorce. Furthermore you sons are of a similar age and courts are very reluctant to separate siblings.
Question: I gave my ex-wife custody of one of our two children in an uncontested divorce. She has our five year old and I have our twelve year old. My five year old stays with me every night along with my twelve year old which I have custody of. I feel like my ex-wife does not have a safe environment for either of our children, and I want to get custody of my five year old also. Do i have a chance and how do I go about it? Answer: Any modification of custody is going to be based upon the specific and detailed facts of the case. There is not enough information and facts provided in your question to assess the chance of success. Generally the standard to modify custody is difficult. The fact that you have custody of one sibling is a positive factor. If you can show that the child is truly unsafe at mother's residence you would have a good change of custody. You should retain an attorney and explore filing a Motion to Modify custody.
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