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  1. #1

    Default What Grounds Will Be Sufficient to Change Custody

    My question involves a child custody case from the State of: Illinois

    I am trying to modify custody of my 7 year old son and am supposed to be looking for anything that the CP does to put him in harm's way. I do not want to get my hopes up prematurely, but I know I need BIG issues to change custody. Here are recent activities that CP has allowed child to participate in....... CP sent me a video yesterday of son operating a large back hoe by himself with no safety glass, harness, hard hat or even a seat belt on. CP owns guns in the absence of a FOID card (required to possess guns in Illinois) and lets son fire them (a 45 and a high-powered rifle). Are these big enough issues to warrant a change of custody? Any advice would be greatly appreciated.

    By the way, this is the same father who will not let son fly to me as an unaccompanied minor due to "safety" issues. Hello?!?!?

  2. #2

    Default Re: Grasping at Straws

    First, Illinois looks at custody to be equal between both mother and father, they don't favor one or another. Illinois tries to prompt custody as whatever is in the best interest of the child. The operation of the back hoe isn't going to be a way to change custody; unless he got physically hurt from it. However, the gun issue can be useful tool, but unfortunately he would need to be charged and\or conviction of illegal ownership of a firearm and failure to register for a FOID and a firearm. Why does the father have custody over you in the first place?

  3. #3

    Default Re: Grasping at Straws

    Quote Quoting wolfcreekgal
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    I am trying to modify custody of my 7 year old son and am supposed to be looking for anything that the CP does to put him in harm's way.
    Supposed to be? Per whose instructions?


    CP sent me a video yesterday of son operating a large back hoe by himself with no safety glass, harness, hard hat or even a seat belt on.
    Define "operating". He's at the controls moving the scoop up and down and smiling and waving at the camera.... or he's got the entire vehicle in motion with a load roaming the neighborhood?


    CP owns guns in the absence of a FOID card (required to possess guns in Illinois)
    Are you planning to argue that the presence or absence of a card impacts safety? I wouldn't. Sure, he should have a card. That he doesn't is a licensing issue for the state. But your burden is to show that it's RELEVANT to the direct issue at hand......of the child's ACTUAL physical safety.....? How will you convince a court that having/not having makes a gun more or less likely to discharge?


    and lets son fire them (a 45 and a high-powered rifle).
    In and of itself not an issue. The key, again, is the DETAILS. Is dad there with him, within arm's reach, teaching the child, or is the child decked out like Rambo and allowed to roam and shoot freely? If the later, there are issues, if the former, no issues. Even IDNR doesn't put a minimum age on firearm restriction, only on an age where a minor must be accompanied to the state taught safety course (adult supervision required if 10 or under).


    Are these big enough issues to warrant a change of custody?
    Not likely.

  4. #4

    Default Re: Grasping at Straws

    Quote Quoting aardvarc
    View Post
    Supposed to be? Per whose instructions? My attorney's.





    Define "operating". He's at the controls moving the scoop up and down and smiling and waving at the camera.... or he's got the entire vehicle in motion with a load roaming the neighborhood?
    He is digging up dirt and smiling and waving. My point is my child has not been put in a safe position. Many states have mandatory laws children must be wearing a helmet to even ride a bike! Are you implying this is different?



    Are you planning to argue that the presence or absence of a card impacts safety? I wouldn't. Sure, he should have a card. That he doesn't is a licensing issue for the state. But your burden is to show that it's RELEVANT to the direct issue at hand......of the child's ACTUAL physical safety.....? How will you convince a court that having/not having makes a gun more or less likely to discharge?
    It's a Class 4 felony in Illinois to own firearms without a FOID card and a domestic violence charge preventing him from obtaining one. One would think a felony charge could mean a reversal of custody, but maybe I'm just am imbecile.




    In and of itself not an issue. The key, again, is the DETAILS. Is dad there with him, within arm's reach, teaching the child, or is the child decked out like Rambo and allowed to roam and shoot freely? If the later, there are issues, if the former, no issues. Even IDNR doesn't put a minimum age on firearm restriction, only on an age where a minor must be accompanied to the state taught safety course (adult supervision required if 10 or under).




    Not likely.
    A second opinion please.

  5. #5

    Default Re: Grasping at Straws

    Until you answer the questions posed to you, critically relevant information to ALLOW proper responses is limited.

  6. #6
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    Default Re: Grasping at Straws

    I second aardvarc. Please answer the questions.

    Gotta tell you though - slinging mud at the CP is only going to leave your own hands dirty. You better be SPOTLESS, because that same focus will be turned on you.

  7. #7
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    Default Re: Grasping at Straws

    And again, with this thread, it matters. She wanted to change custody to her even though her older son sexually molested this child. WHEN in relation to this did that happen? Dogmatique was correct -- better be SPOTLESS. And she wasn't.

  8. #8
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    Default Re: Grasping at Straws

    Quote Quoting Ohiogal
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    And again, with this thread, it matters. She wanted to change custody to her even though her older son sexually molested this child. WHEN in relation to this did that happen? Dogmatique was correct -- better be SPOTLESS. And she wasn't.
    PSST...this is a four year old thread.

  9. #9
    Join Date
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    Default Re: Grasping at Straws

    Quote Quoting llworking
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    PSST...this is a four year old thread.
    I am well aware of this but it impacts the CURRENT thread of this poster.

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