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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1672
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I was awarded Full Custody in a permanancy hearing by DCFS.

Resolved Question:

I was awarded Full Custody in a permanancy hearing by DCFS. My child was removed from me originally because of the violent tendancies of thier father, my exboyfriend. Once I was separated from him and had nothing to do with him, they gave me my son back and awarded the custody. Now, which is four years later, my ex has filed for full custody. My question is:

If I was awarded full custody at a DCFS Permanancy Hearing, can an Illinois court take that custody away from me and give it to him?
Submitted: 1 year ago.
Category: Family Law
Expert:  Steven K. replied 1 year ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

If the DCFS case is finalized, then the case can be modified in family court. Family court is only prohibited from modifying the order while the DCFS case is active.

Steven Kincaid :

Of course, if the reasons that caused the DCFS case to be filed in the first place still exist, DCFS could get involved again if the family court orders are deemed dangerous to the minor children.

Steven Kincaid :

Do you have any other questions?

Customer:

I'm not sure that answered my question. I'm confused. The case was over almost four years ago. At that time, my son was given to me and I was awared full custody. I was told at that time that the father could seek visitation through the courts but that I was being granted full custody.

Customer:

After four years, he is now trying to get full custody. Can a family court judge take full custody away from me for no reason now?

Steven Kincaid :

Custody can always be readdressed until the children become adults, even if your custody order is through DCFS. It is uncommon for custody to be changed in such a manner, but it is possible.

Steven Kincaid :

Modification is only permitted if there has been a substantial change of circumstances which changes the children's best interests. So he would have to show that such a change occurred by “clear and convincing evidence.” This is hard to prove. Has he alleged any specific changes?

Customer:

None at this point. I have gotten married to a great man that doesn't hit me and loves me very much. He makes alot of money and we bought a beautiful home and a car together. We are also having a baby together.

Customer:

My ex lives in the basement of his mom's house most of his life and hasn't even been paying child support for the last year.

Steven Kincaid :

Based on the information you gave me, it sounds like he does not have a realistic chance of getting custody changed. But the law does permit him to make the request.

Customer:

Other than those things, I can't think of anything else.

Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1672
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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