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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I have been married for 4 years now. I am a US citizen and

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I have been married for 4 years now. I am a US citizen and my husband is Canadian. For the first 3 years we lived in Canada (I was a resident of Canada) and we had a baby (baby is dual). We recently moved to the US this year (and my husband has a green card). I currently am the bread winner and my husband watches the baby (20 months old). he has been watching the baby since hes been born while i work. The plan was he would look for work in the US but he hasnt found any yet. Our marriage isnt going the best as i hoped once we came to the US and im starting to question our marriage. Im nervous on what my options are and if i could loose my baby since my husband has been home all day with my son while i work. We live in Il and dont know what the laws are. Does the mother get the child? Would i still have to support my husbad if we got divorced?

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Customer: replied 6 years ago.
yes
Thank you.

The mother is not automatically granted primary custody in IL. A court's focus is the best interests of the children and often the primary caregiver is granted primary custody, which is often the mother, but not always as in your case.

Having said this, courts typically try to grant equal or near equal custody/visitation, even though one parent is the custodial parent to foster the relationship between the children and both parents.

Here are other factors a court typically considers before entering an order of custody:

http://www.divorcesupport.com/divorce/Illinois-Child-Custody-Factors-514.html

Best regards,

Tina

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Customer: replied 6 years ago.
The other question I had was since my husband stays home is there a chance i could have to pay alomony?
It is possible, although less likely because you have only been married for 4 years. At worst, a court may enter an order of temporary spousal support while he looks for work or acquires an employable skill typically.

Here is a link that summarizes IL law on this issue.

All the best to you.
Customer: replied 6 years ago.
please repaste the link that you mentioned as it didnt come through.. then i will accept answer..thank u
My apologies!

http://www.divorcenet.com/resources/divorce/spousal-support/how-spousal-support-calculated-illinois
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