Expert Advice When You Need It Most

IL child custody laws, father's right to seek primary custody, procedure under IL state law

My daughter's father wants residential custody of our daughter. She has been living with me for 6years(she'll be 7 next month). Last summer, i decided to move in with my grandmother so i could go back to school. He saw that as an opportunity to try to get her. He filed for residentail custody and about a week or two later, got married. We went to an evaluator and she interviewed everyone and she recommends HE have residential custody becuase he has formed what seems like a perfect family. He married a woman 10 yrs older than him, who has a daughter 1 year older than our daughter(not by him) he bought a puppy, and i think the evaluator made a VERY biased report. Im afraid the judge will give him residential custody. Since i am a single parent and cant really afford my own apartment right now. I have an attorney who says i can go to trial, but i cant afford him anymore so, unless i find another one, i may have to give in and give him residential custody. We already have a joint parenting agreement. We were supposed to alternate weekends but when i had my own place, he kind of swayed me into giving him EVERY weekend. He is not satisfied with that. I'm thinking he wants residential because he doesnt want to pay child support anymore but he says thats not the reason. He just "wants her with me" is what he says. He works nights but somehow he says he can be there for her during the day. When this man sleeps, i dont know. Last school year, he made sure he went on every field trip and did extra things in her classroom, but i know now it was only to look better in court and make it seem as though i was not interested in what she was doing at school. I was at work and could take off to go to a field trip.
I guess i need to know what to do since i wont have a lawyer anymore. Would the judge be swayed by the evaluators decision and give him custody or do i have a chance even though i am a single parent living with my grandmother. By the way, we are living in a 3 bedroom home, she is not in harms way and she is still very well taken care of. Should i just go marry somebody so i will look better in court? Does he have a better chance of winning?

Additional information
meant to say, I could not take off to go to field trips. He may be able to do more material things than i can but does than mean that a judge will give him custody because he has a 2 income household?
Save

Attorney answers (1)

Reputation Level 10
There is no way to answer this. You need an experienced custody lawyer who has familiarity with this judge. Your child should also be repesented, especially if she is capable of expressing herself and her desires for her living arrangement.
5 people marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now