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What is required to be included in a Petition For Modification of Child Custody? Are there any good sample petitions?

Elgin, IL |

I reside and work in North Carolina (and have for the past 8 years). My 16 year old son lives with his mom in Illinois. She has sole custody. My son wants to live with me in NC so I filed a (I) Petition for Removal, (II) Petition for Modification of Custody and (III) Petition for Modification for Child Support in Kane County, Illinois where my son lives and where our divorce case was filed. There is a lot of drama at my ex-wife's home (police have been to the house a few times now) and my son doesn't want live there. He doesn't have any family in Illinois but had a lot in NC. The judge gave me 21 days to amend my petitions because she said it is missing something, but didn't say what. I used forms found on the Illinois Legal Clinic website.

Attorney Answers 5

  1. you have to win custody and then you can ask for removal. only the custodian can seek removal. 750 ilcs 5/609.

    whatever your job is, i cannot do it but i can do this. your son is too important to you to try to do this yourself. the judge already told you you did not do it correctly. so hire a lawyer to do this for you the right way.

  2. You have a job. Hire counsel to represent you. This is not easy to do on your own. This forum is not equipped to help you the way you want us to in your inquiry. If we don't have your pleading how can we determine there efficacy?

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

  3. You are asking about a very complex situation. You do not have custody and you do not live in IL. It is highly unlikely you can win based upon the few facts you presented, and even less likely without skilled legal counsel. Unless you have the time to go to law school and get a couple of years experience under your belt before your next court date, you would be well advised to seek the assistance of a skilled family law practitioner.

  4. Do yourself a favor and hire an attorney. There are many skilled attorneys in Kane County that can assist you. You would be doing yourself (and perhaps your child) a disservice by trying to tackle custody and removal alone. A Petition for Change of Custody alone can be somewhat brutal- never mind the removal.

  5. Hire a lawyer, don't try to do this without one.

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