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My 10 year old daughter decided she wanted to live with (dad) instead of mother. We have 50/50 custody in Illinois.

Murphysboro, IL |

Current custody is split 50/50 but mother has custodial. Her mother is currently separating from her husband and I feel like she needs to be where she is comfortable.

Attorney Answers 4


  1. So lawyer up and get into court. Assuming that there is some conflict, tension, stress, violence, whatever, going on in the mother's household, it might, possibly, be a good idea to transition the child from 50/50 to spending more time at Dad's house.

    You'll need a lawyer and a lot of facts.

    Don't shrink from the task. At the very least you'll be able to talk it out with Mom and come up with a solution that is best for the child. If Mom doesn't agree with your analysis, a judge will be happy to resolve the issue.

    Job one = find a lawyer.


  2. mother has custodial what? do you and she have joint custody, which means you share decisions about education, health care and religion? is the order more than two years old? how do you know child is not comfortable with mom especially if new husband is leaving?

    take all your court papers to a lawyer for a consultation.


  3. Hire a lawyer. Change in residence can be a complex matter. The fact that your son wishes to move from his mother's home is not sufficient to secure a order unless his mother is in agreement.


  4. Children can never decide where they want to live in Illinois. The opinion of a child is taken into consideration along with many other factors to determine whether clear and convincing evidence exists such that modifying the current custody arrangement is in the best interest of the child. However, if the order setting up the current custody arrangement was entered less than two years ago, you must show the child is seriously endangered by the current custody arrangement. This is not an easy task. You need to consult with an attorney to determine whether your situation would warrant a change in custody.

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