Family Law Questions? Ask a Family Lawyer Online.
Thank you for allowing me to assist you.
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.
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.
Do you have any other questions?
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.
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?
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.
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?
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.
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.
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.
Other than those things, I can't think of anything else.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).