I have legal joint custody. I'm filing an order of protection, will I be able to do this without a problem?

Asked over 1 year ago - Wheaton, IL

My ex unbuckled my babies seatbelt while I was driving and threatened to call 911 and say I did it during visitation if she doesn't get more time with our son . I am filing an order of protection , and we have legal joint custody where I am the residential primary parent and she gets visitation . What will happen if i ask for this order of protection , and will the judge get mad because I have legal joint custody ? What can happen to that custody order ? Will I be able to terminate her parental rights because of this ? Please advise .

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . First of all, a private person cannot terminate parental rights except as part of an adoption case. Only the State's Attorney or DCFS can ask for termination of parental rights. Additionally, custody has nothing to do with visitation so based solely upon the facts you presented, joint custody may not be altered. Finally,your request for OP is weak based upon the facts you state.

    You never indicated whether you were ever married to your ex but it is highly likely that you should seek mediation rather than an OP. If there is an issue of parenting time, work it out with each other or in the courts. This is not a conversation to be had in the presence of your child.

    If you have a lawyer, bring your concerns to him/her. If you do not have a lawyer, considering consulting with one.

  2. Gary L. Schlesinger

    Contributor Level 20

    5

    Lawyers agree

    Answered . there are many good lawyers in wheaton. interview some and hire one.

    no, you cannot terminate her rights.

    it is unlikely you will get an op.

    the joint custody will continue unless you can prove that sharing decisions about education, health care and religion are no longer in the best interest of the child if the order is over two years old. if under, you have to prove serious endangerment. unlikely on these facts.

    joint custodians do not have visits. they are custodians. people v. warren. ill. supreme court.

    you have lots of bits of partial knowledge but not a grasp of the whole situation. that is because this is not your area of expertise. you should get some legal advice from a lawyer.

  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to consult an attorney because you have no real understanding of the laws in this area. You probably will not get an Order of Protection. I donot know why you agreed to joint custody if you two do not get along. Were you married or is this a paternity case?

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