Recourse in keeping child from first cousin incestuous marriage exposure in Illinois: can I use this as a reason to get custody?
I'm concerned that my daughter is growing up thinking that incest is acceptable, that lying to the U.S. government on legal documents is acceptable, and possibly even that she is being encouraged to have an inappropriate relationship with her cousin. Can I use this as a reason to sue for custody?
4 attorney answers
The other two lawyers have given you good answers. In addition, it matters why you do not have custody now and how long it has been since the custody order. The first two years after a custody order, it takes a really consequential emergency situation to support a change. I think you had better look for a better basis.
It is highly unlikely that your daughter's uncle's marriage to his first cousin would be a basis for seeking custody unless the child was somehow endangered by her father, not by her uncle or her uncle's wife. If you are concerned about your daughter's morals and ethics, then teach her so that she knows right from wrong.
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i doubt that this is a reason to get custody because your husband's brother married his first cousin.
you have to prove that contact with this aunt and uncle, which apparently has been on going, somehow now seriously endangers your child. 750 ilcs 5/607.
The court will determine who gets custody by looking at what serves the best interests of the children. See 750 ILCS 5/602. However, if a custody judgment has already been entered, it is very difficult to modify custody, you must show serious endangerment. Outside of 2 years, the standard is a little bit easier, but you must show change in circumstances and that changing custody is in the best interests of the kids. I would recommend at consulting with a divorce attorney so that more fact can be presented and the right course of action can be taken here.
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