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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 5665
Experience:  Over 30 years of experience.
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Me and my daughters mother have joint custody i get her 1

Customer Question

me and my daughters mother have joint custody i get her 1 week and she get her 1 week. daughter is 16 year old and she has been staying with me ever since oct 1st. she says that she cant live with her mom cause she was always yelling at her and she cant concentrate at school cause she always wondering what her mother was going to yell at her about. so since she has been staying with me her grades have improved alot and her self esteam is alot better. what do i need to make this leagel and to start getting child support from her mother cause she wont even help with anything even tho the court papers say she has to pay half of everything for our daughter.
Submitted: 11 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 11 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 11 months ago.

Can you tell me what state you are in?

Customer: replied 11 months ago.
i am in illinois state.
Expert:  Gerald-Esquire replied 11 months ago.

Thank you. I am working on your answer now. Please bear with me it may take a few minutes.

Expert:  Gerald-Esquire replied 11 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The process is called a Modification o Custody. This can be done by agreement with your ex. BUT if she does not agree then you must file a Motion to Modify Custody with the Court. In Illinois this document is called MOTION TO MODIFY ALLOCATION OF PARENTAL RESPONSIBILITIES

The Court is obligated to look at the best interests of the child. At the age of*****will also give some deference to the wishes of your daughter.

You can download a sample Motion here:

https://www.illinoislegalaid.org/legal-information/motion-modify-allocation-parental-responsibiliti

Another example is here:

https://illinois-petition-to-modify.pdffiller.com/

You complete the document serve your ex a copy and file it in the Court that issued the original divorce decree.

Here is a link to the law:

http://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Expert:  Gerald-Esquire replied 11 months ago.

Also, while you are seeking to modify custody you will also seek to modify child support. This link provides detailed information on that process:

http://www.law.siu.edu/selfhelp/info/childsupport/modsup.pdf

Essentially, you will file an additional Motion with the Court seeking the modification of support along with the Custody Motion.

Kind regards,

Gerald

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