[IL] How do I get sole custody of my child whose father is non-compliant?
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Since the father is being difficult, you need to file the Petition for Custody with the court.
The judge will likely order both parties to attend mediation to try and reach an agreement. If no agreement is made, a hearing will be scheduled to address your custody request.
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The father is not being compliant and doesn’t make an effort to be a part of the child’s life but refuses to agree on any custody arrangement.
I am the mother and have had physical possession of the child since birth.
The father doesn’t want to pay or help financially. He lies about not working and only gives me $11 a week. He is court-ordered to pay only $40 a month because he claims he isn’t working. However, I know he is employed because I frequently visit his workplace, which is near my job.
He never asks about or shows interest in our child.
There is so much more to explain, but it’s too much to type.
I'm sorry to hear that the father is not being compliant. Can you please provide more details about the situation?
We are asking for sole custody with visitation decided by the mother. As the child gets older, more time will be allowed.
My daughter doesn’t even know who he is because he’s not involved in her life. He uses my parents as an excuse not to take responsibility.
My parents help financially where I fall short because I work full-time.
Has there been any specific issue or disagreement that is causing this lack of compliance from the father?
No specific issue, just ongoing non-compliance.
We want sole custody with visitation rights determined by me as the child’s mother.
Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with custody and visitation.
There’s a lot more, but we would be here all week.
Good afternoon, and welcome to AskaLawyer. I’m Jessica, a licensed attorney who will be assisting you.
I’m sorry to hear you’re having issues with child custody and child support.
Have you filed a Motion for Contempt for the unpaid child support?
No, up until a week ago, he was non-compliant, but now it’s being deducted from his paycheck after a year and a half of non-compliance.
Was he ordered to pay the past-due amount?
I believe the extra $1.08 on top of the $10 a week he’s supposed to pay covers the arrears.
I’ve requested a modification, but nothing has been done by DHS.
Got it. Could you let me know which state you’re in?
Illinois.
Since the father is being difficult, you need to file the Petition for Custody with the court.
The judge will likely order both parties to attend mediation to try and reach an agreement. If no agreement is made, a hearing will be scheduled to address your custody request.
How do I address my concerns about his significant other, whom I do not trust around my daughter, especially due to their online adult content business?
Include this concern in your custody petition. State that it’s not in the child’s best interest to have equal time with the father, given the potential risk.
I’m asking for sole custody with supervised visitation on Saturdays for two hours, with me present. My daughter is scared of her father due to his lack of involvement.
I want to be able to claim her on my taxes since I have been the primary provider. We would share medical expenses 50/50. Visitation drop-off and pick-up would be specified.
Due to the father's adult content business, I want to ensure that my daughter is not exposed to it during visitation.
- You won’t be allowed to supervise visits yourself. A neutral third party or court-appointed supervisor will be assigned.
- Yes, you can claim your daughter on your taxes as the primary caregiver.
- You cannot unilaterally dictate visitation terms. The court will set specific visitation days and times.
- The pick-up and drop-off location will be outlined in the custody order.
If I feel my daughter is in danger, can I specify who she is around during visitation?
Yes, you can request that his partner not be present during visits, but the court will make the final decision. Typically, a family member or court-appointed person supervises visits.
What if I plan to move to another state (SC or NC) next spring for a job after earning my degree?
You will need a court order to relocate with your child. The court will consider whether the move is in the child’s best interest.
Thank you.
