But there are problems:
There is always tomorrow and a change of circumstance. Nothing is forever. But as the situation stands right now, there's not evidence of anything that'll cause the court to modify custody. Certainly you can bring your grievances before the court for portions of the order that dad isn't following. Given dad's need and exercise of control, you can ask that the portion that allows dad to call every day, which is needless, to be removed (based on the court already considering you fit and not in need of dad being a babysitter). And, given that dad moved the child further away from you, you're right in the ballpark to ask for extended time for visitation and even for dad to bear any additional cost. But the fact remains that for whatever reasons, dad was awarded custody - and it's going to take some documented change of circumstance for the court to now alter it. Yes, sometimes that DOES mean that dad has to be pulled over, or God forbid, even get into an accident before there's proof of dad's drinking problem. But until such evidence DOES exist, in SOME form other than the testimony of a 7 year old, the reality is that change of custody won't occur.I've lost and there ain't a damned thing I can do about it.
Was the sexual assault reported to authorities? Was a medical exam done? Was the child interviewed by a psychologist or other mental health professional as soon as the assault was discovered? Were any injuries documented or medical care provided? Was a CPS investigation conducted? What were the outcomes of each of these?Sexually assaulting him seems to be OK too so I won't go there......WTF????? Are you guys SERIOUS or is this site some kind of joke? I mean, REALLY?
No. And no one's insinuating such. But there DO have to be some elements present, namely reasonable answers to the questions above.A little kid has to be abused so severely he's missing BODY parts for a judge to ACT?
Yep, you may have that element covered.First, I must prove the CP is not capable of fostering the mother/child bond. Easy to do, piece of cake, got all my ducks in a row.
No. Here's where you're mistaken. It's not about proving who's the better parent. That stopped being important when the court INITIALLY decided custody. Once that happens, what the court needs is a CHANGE in the child's circumstance. For example, here's a common way that this gets mis-interpreted: mom and dad split, mom is going to move and get her own place and start a new job to support herself and the child. When she first moves out, she's got money problems, emotional problems, and living situation problems, like sleeping on a friends' couch where there's no room for the child to come with her. Fast forward a year. Now she's got everything in place, a steady job, a home of her own with a room for the child, good health insurance, great school in the neighborhood, everything she could have wished for her child. Problem is that the child has been with dad all this time, and no matter how good mom might have it NOW, it'll STILL take a change in the CHILD'S circumstances before mom has a shot at custody. The standards for initial custody and CHANGE of custody are vastly different.Second, I have to prove I am the better parent.
And if any of those things can be proven, yes, they'd be huge. And dad would automatically loose custody when he became a guest of the state prison system. But we've no indication that dad has any such convictions against him. Does he?CP runs a meth lab with capitol gains exceeding more than a million annually or runs a child prostitution ring with kids under the age of 10,
Maybe at the INITIAL custody proceeding, which is done and over with. NOW it's going to take a change in the child's circumstances OR dad being found unfit (we're back to EVIDENCE again).but I've done my homework, friends, and Illinois always prefers for a young child to remain with the mother.
And yet...dad HAS custody.My lawyer has been in practice there for over 25 years and has NEVER seen a judge award primary physical of a young child to the father, REGARDLESS of the circumstances.
Your ONLY chance here is to focus on and DOCUMENT, or get other authorities like police, social services, schools, or CPS to document, that all important CHANGE in the child's circumstances or dad's unfitness. One of those elements is needed, no matter how big a mountain of OTHER circumstances might exist.