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Can I change custody without father's consent?

Bloomington, IL |

I obtained legal custody when grandchild was < 1 yr old. Now almost 13 wants to live with mom. How can I chg situation to where mom can put her in a diff schl district and obtain insurance/medical treatment without going through court system. Does dad have a say?

If I have to go through court to change legal custody - Can I change physical custody - and enroll the child myself in the other school district? If so, can I somehow give legal permission to her mother for medical treatment without going through court system?

Attorney Answers 3


  1. If you obtained legal custody as a result of dad's parental rights having been terminated, then he has no say. You could seek to have the child's mom appointed guardian, which would allow the child to reside with her and allow mom to make educational decisions and act in your place, etc. Of course, that will require court involvement.


  2. You are going to need court involvement. And, because of so many variables that your post does not address, you are going to need to hire an attorney to review your matter and plan options for you and with you.


  3. In complicated situations like this, it is always best to use the court system than an informal agreement of the parties. You can reach that agreement outside of court, then hire an attorney to formalize it amongst the parties in Court.

    In my experience, when stuff like this is done outside of Court it ends up getting messy. Define this as much as you can with a court order, agreed or not.

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    [DISCLAIMER- This information is provided as general information only and should not be construed as specific legal advice as this website is not intended to provide anyone with specific legal advice. This attorney is only actively licensed in Illinois. In addition, the answer given above serves for educational purposes only and provides general information and a basic understanding of the applicable law. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. No attorney-client relationship is created with the furnishing of this information. This answer should not be used as a substitute for fully discussing the factual nuances of your case with a licensed professional attorney in the state where you are located.]

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