Can we switch joint legal custody to sole custody if my ex is in a mental home?

Asked over 1 year ago - Naperville, IL

On December 20th, my ex and I agreed on legal joint custody to where I was the primary custodial parent and the baby lives with me, and she gets supervised visitation. She was admitted into the hospital on New Years Day and is taking meds for bipolar, depression, and anxiety. She is not in the right state of mind right now. What is the process to changing this to sole custody? Or should I leave things as-is?

Attorney answers (5)

  1. Roger William Stelk

    Contributor Level 13


    Lawyers agree

    Answered . You need to retain an attorney to prepare the proper paperwork and notices and then get the judge to sign off on the custody modification.

  2. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . Changing custody from joint to sole will have no effect on you or your children. There is no point in trying to make this change. As the residential parent, you have the responsibility of caring for your child on a day-to-day basis and your ex is responsible for caring for the child in a supervised environment. Sole custody will not change that.

  3. Peggy Margaret Raddatz


    Contributor Level 20

    Answered . It is unclear here whether you proved up your divorce case or not. You really should consult with your lawyer. If for some reason you disagree with your lawyer seek another opinion. You may also have to modify visitation provisions. Take action quickly because you may only have a brief amount of time like 30 days to try to vacate the prove up if that is what you deciding to try to do based on these recent events.

  4. Jeffrey Morris Jacobson

    Contributor Level 13

    Answered . You can request it be changed to sole custody by filling a motion to modify visitation. Frankly, there is no benefit to joint custody. I believe the cost to change it now may be less than if she was well.

  5. Joshua Eary Stern

    Contributor Level 2

    Answered . Without knowing the details, I would suggest you consider modifying your custody judgment. Joint custody is predicated on the notion that the parents can co-parent and agree on major issues in the children's lives. Each parent has the duty to facilitate a close and loving relationship between the children and the other parent. If you think your ability to co-parent has been compromised and you do not believe that the current joint custody arrangement is in the best interests of your children, then you should seek to have it modified.

    Modifying custody can be a bit complex and I would suggest you speak to an attorney, legal aid clinic, or a legal self-help agency.

    This information is not, nor is it intended to be legal advice. This content is not offered as a substitute for... more

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