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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Hello, I am going through a divorce and I have two minor children.

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I am going through a divorce and I have two minor children. They are ages 8 and 11. I got temporary emergency custody on 06-14-11 when my ex tested positive for cocaine while on probation for mfg/del of heroin and posession of controlled substance and two dui's as well as several other traffic charges. The ex has since gotten a second dui and had her probation revoked and amended to include the first dui which was dropped when she plead guilty to the mfg/del charge. I do not have a lawyer but she is fighting me for custody of my children. She is getting sentenced on the second dui and re-sentenced on the first dui and the mfg/del of heroin charges. She has admitted that she is doing 60 days in prison and she will be turning herself into the jail on Sept 7 but no one believes her. I think shes doing a lot more time but I can't prove it and the states attorney won't tell me anything. She has also filed false dcfs charges against me. I have 8 police reports against her for not obeying court orders per visitation issues. I have never been arrested or charged with anything other than a speeding ticket in 1984 and an illegal trans in 1985. Is there anyway in hell the judge would ever take my kids from me and give her custody?
Thank you for your question.

I have learned from experience that when it comes to custody, anything can happen. In making custody determinations, the court by law has to consider the best interests of the child as measured by the following factors:

1) the wishes of the child's parent or parents as to his custody;

(2) the wishes of the child as to his custodian;

(3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;

(4) the child's adjustment to his home, school and community;

(5) the mental and physical health of all individuals involved;

(6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;

(7) the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;

(8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;

(9) whether one of the parents is a sex offender ; and

(10) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.

( § 750 ILCS 5/602)

Based on the scenario you've described, it doesn't seem likely that the court would grant the mother custody, but there are always two sides to a story, and I cannot say how she would paint the picture regarding custody. I can tell you that a court will not grant custody to a parent who is incarcerated.

I do my best to answer the question you have posted. I am not compensated for my time in answering your question unless you rate my service well. In rating, please bear in mind that I cannot control what the law is and whether it helps you. I can only tell you what the law says, and I assume that you want truthful information. I would be happy to answer any follow-up questions or provide clarification via the “Reply to Expert” tab on the following screen. Thank you.

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