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  1. #1
    Join Date
    Feb 2015

    Default Default Custody Order Awarded Sole Custody, Despite Petition for Joint Custody

    My question involves a child custody case from the State of: Illinois. My ex-wife divorced me in 2013, and I was going through a difficult time financially and emotionally at the time. I was served the petition, and I was devastated because it took me by surprise. We have one daughter, and the petition that I was served included a request of joint custody. I was angry and distressed, so I refused to sign the papers, and I regrettably did not attend the trial. A judgment was entered in default. Since our divorce, I have seen my daughter daily, picking her up from school and having her stay with me several days out of the week. The relationship between my ex and I has become extremely volatile, and she keeps threatening to keep me from seeing my daughter because of arguments between us. A friend suggest that I get a copy of the judgment to review which I did. When I read through it, it ordered sole custody to her mother, which was clearly not requested in the petition. Can I have that amended just based on the fact that the petition asks for one thing, and the judgment her lawyer prepared and stamped by the judge says another? Please help. Thank you.

  2. #2
    Join Date
    Apr 2009
    Somewhere near Canada

    Default Re: Default Divorce Jdgmt Entered Against Me with Custody Language Changed from Petit

    You had the chance, but that's no longer an option. The court won't punish Mom for you not attending.

    What you can do though, is file for a more specific, enforceable visitation. As it stands, there's really not a whole lot you can do.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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