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I share custody with my ex whom I never married. We shared

Hello! I share custody with...
Hello! I share custody with my ex whom I never married. We shared 1/2 week 1/2 week for 7 years. He has 2 older children with another mother, and has been struggling to make ends meet the whole time. (The whole 7 years). Now he's been arrested for child endangerment, leaving the children unsupervised in a foreclosed (abandoned) house with no running water, and no utilities. Do I need to file a motion for full custody?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: No. My funds are tight, so I've been going thru free organizations like Life Span, and Chicago legal clinic.. etc, and they told me that there's a conflict of interests, that I can't get advice or representation
JA: Anything else you want the lawyer to know before I connect you?
Customer: How much will this be? And also, he's (the father) is currently encarserated for this and DCFS ( Department of children and family services) are investigating him already
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Answered in 2 minutes by:
9/15/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5,942
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I’m sorry to hear about your situation. If he has been arrested for child endangerment, then this is your best opportunity to file a modification for child custody to get more than ½ time. You can use his arrest to help explain to the court that this is the reason why you believe the children should be with you full-time. You could describe their living conditions leading up to the situation as well. You can get affidavits (sworn statements) from individuals that know about what’s going on to support your petition for modification as well and there is a high probability that they will find in your favor.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 2 months ago
That's just what I'm gonna do. I already have my parenting plan papers all filed out and filing first thing Monday morning. My caseworker for dcfs is working with me and is planning to visit me. He says that my son is in good hands with me. Also, I do have testimony from others. But the clerk at the desk told me that when I file on Mon, I will go straight to court to see if the judge will rule in favor of my waiver I filled out. Will he/she rule on my custody too, or most likely another day?

Good call. I think that the judge would probably rule on the custody too unless he/she needs more time to review the situation to ensure they're not making a mistake and it depends on their calendar on top of it. I think that you seem to have plenty of factual support to help your kiddos out. Did you have any other questions for me at all today?

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Customer reply replied 2 months ago
What do you mean on "their calendar "? And, I have a police report from the incident of arrest when the children were found. Will that help?

I'm sorry for the confusion. What I mean is that the judge may have a lot of cases to hear that day so they may not be able to make all the decisions you need until later. And yes, a police report would help tremendously!

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Customer reply replied 2 months ago
How do I go about getting those who support me. He's scheduled to be released on the 22nd, like a bond hearing. Will the judge draw up my period then do you think? I think he'll be released. He will serve 30 days then

I would recommend getting some affidavits from them. You could ask them basically to type up on 28 line pleading paper (it's a template in Word) to declare that the father has been using drugs (if they are aware) or the condition of their living arrangements (if they are aware). You should submit that with any petitions for modification you submit to the court.

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Customer reply replied 2 months ago
Where do I get that template, from the court house library where I got my parenting plan papers from?

There’s a site that I’ve used in the past where you can find a good affidavit templates (click here).

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5,942
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Customer reply replied 2 months ago
I submitted the parenting motion to the court. As you know, I need to make three copies. Was I supposed to get one of those copies? Cuz I need one to show to a lawyer to represent me when the court date comes up. Can I obtain one from the courthouse?

Hello, thanks for coming back to the site. You should have received one of those copies; one for you, one for the other party, one for the court. You should get back physically two copies (one for you and for the other party). You may need to go back to the court to get a copy or download one from the website if your case has been entered into the system.

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