Advice please

Dangerfield85 · 2023-08-05T19:21:43+00:00

Get a lawyer homie, get that process rolling. Document and record whatever you can

2023-08-05T19:22:03+00:00

You absolutely need to hire an attorney and file a domestic violence order against her to have her removed from the house and let you have custody of your child solely. There is no place for that kind of behavior, and you need to, at the very least, protect your daughter from that. I would start documenting all of her actions of abuse against you and your child immediately if you haven't already. I went through a similar situation. What I did was take my phone and turn on the voice recorder on my phone and put it down as soon as I saw her starting her abuse up. You need to journal what is happening to you. When, where, what time, and how it affected you and your child. Do not give her any ammunition against you. Illinois is an at fault state, so her abuse will go in your favor. You need to file a Dissolution of Marriage as soon as possible. Get an attorney immediately. Find the money. Charge it. Whatever you have to do. Do it! This a war now, and if you want what's best for you and your daughter, you need to get this toxic human out of your life ASAP!

captainchippsixx · 2023-08-05T21:05:17+00:00

You need evidence. Start recording interactions

OFlahertyLaw · 2024-12-02T03:59:26+00:00

In Illinois, a father can seek custody (now legally referred to as allocation of parental responsibilities) of his child through the courts, and the decision is made based on what is in the best interest of the child. Here’s a breakdown of the steps and considerations for a father seeking custody:

Understand the Types of Custody: - Legal Custody (Parental Responsibilities): This refers to the right to make major decisions regarding the child’s welfare, including education, healthcare, religion, and extracurricular activities. - Physical Custody (Parenting Time): This refers to where the child will primarily live and how much time each parent will spend with the child. In Illinois, shared parenting is encouraged, meaning that both parents should share the responsibilities and time with the child, whenever possible. A father seeking custody would likely be seeking either joint or sole legal and physical custody, depending on the situation.
File a Petition for Custody: - The father must file a Petition for Allocation of Parental Responsibilities in family court. This is the formal request to establish custody and parenting time arrangements. - If the father is not married to the mother, he may need to establish parentage (legal paternity) through the court before seeking custody.
Best Interests of the Child: Illinois courts prioritize the best interests of the child when determining custody. The court will consider a variety of factors, including: - The wishes of the child (depending on age and maturity) - The wishes of the parents - The child's relationship with each parent, siblings, and others - The child’s adjustment to home, school, and community - The mental and physical health of all parties - The ability of each parent to provide for the child's needs, including emotional and financial support - Any history of domestic violence, abuse, or neglect - Each parent's willingness and ability to cooperate with the other parent in making decisions for the child (co-parenting ability)
Demonstrate Parental Involvement: - Courts typically favor a father who has been actively involved in the child's life. This can include regular visitation, participation in the child’s schooling and healthcare, and emotional support. - If a father has been absent or uninvolved in the child’s life, it may be more challenging to secure custody, but it is still possible if the father can demonstrate a commitment to the child's well-being moving forward.
Mediation: - Before a trial, Illinois courts often require parents to participate in mediation to attempt to resolve custody and parenting time disputes. If both parents can agree on a parenting plan during mediation, the court may approve it without needing a trial. - If the mediation fails, the court will make a decision based on the evidence presented.
Court Hearing: - If the case goes to trial, the court will hear evidence from both parents and any relevant witnesses, such as family members, teachers, or counselors. - The court may also appoint a guardian ad litem (a legal advocate for the child) to assess the child’s best interests and report to the court.
Parenting Plan: - Illinois law requires parents to submit a Parenting Plan outlining how they will share time and decision-making responsibilities. If the parents cannot agree on a plan, the court will decide based on the best interests of the child.
Modifications: - Custody arrangements can be modified if there is a substantial change in circumstances that justifies a change in custody. This could include changes in the child’s needs, parental circumstances, or other significant factors.

Some Important Considerations for Fathers Seeking Custody: - Paternity: If the father is not married to the mother, he must establish paternity before seeking custody. This can be done through a voluntary acknowledgment of paternity or a court order. - Parental Fitness: Fathers seeking custody must show that they are capable of meeting their child’s physical, emotional, and financial needs. This includes having stable housing, a reliable income, and a safe environment for the child. - Domestic Violence and Abuse: If there are allegations of abuse or violence, the court will take these very seriously, and it could affect the father's chances of obtaining custody. A father with a history of domestic violence may have limited parenting time, or supervised visitation may be ordered. - Co-Parenting Ability: The court values cooperation between parents. Fathers who can demonstrate a willingness to work with the mother to make joint decisions and communicate effectively about the child’s well-being are more likely to receive favorable custody arrangements.

Final Decision: The court will issue a final order regarding custody (allocation of parental responsibilities) and parenting time based on the factors mentioned above. The goal is to ensure the child’s well-being and that both parents are appropriately involved in the child's life, as long as it is in the child’s best interests.

A father can seek custody in Illinois by filing a petition and proving that it is in the child’s best interests for him to have legal and/or physical custody. Being actively involved in the child's life, demonstrating a stable environment, and showing the ability to co-parent effectively are key factors that can increase a father's chances of obtaining custody. If you are seeking custody, it’s strongly recommended to consult with an experienced family law attorney to navigate the process.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

Title	Advice please
Author	DragonEdge89
Upvotes	3
Comments	4
Date	August 5, 2023 6:50 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/15j3fjc/advice_please/
Archive Link	https://theredarchive.com/r/Divorce_Men/advice-please.1227688 https://theredarchive.com/post/1227688

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