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  1. #1
    Join Date
    Aug 2015
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    Default Custodial Parent May Face Jail Time

    My question involves a child custody case from the State of: Illinois.
    My ex wife (divorced 10 years) may be facing significant jail time for a felony. We share joint custody of a teen, she has residential custody, child support has always been current and paid, visitation schedule is every other weekend with many extended visits during school vacations even though they live a couple hours away.
    If a jail sentence is handed down can I immediately file for sole custody and to have child support stopped?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Custodial Parent May Face Jail Time

    Quote Quoting Unosiete
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    My question involves a child custody case from the State of: Illinois.
    My ex wife (divorced 10 years) may be facing significant jail time for a felony. We share joint custody of a teen, she has residential custody, child support has always been current and paid, visitation schedule is every other weekend with many extended visits during school vacations even though they live a couple hours away.
    If a jail sentence is handed down can I immediately file for sole custody and to have child support stopped?
    You certainly can, but if your child is a teenager and in high school, that might not necessarily be in your child's best interest. If your child is a junior or senior in high school it could be a very bad thing to do to your child if there are any other options to allow your child to graduate with his/her class.

  3. #3
    Join Date
    Jul 2006
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    1,421

    Default Re: Custodial Parent May Face Jail Time

    Maybe mom should have thought of that before committing a felony. if anyone is to blamed for the child possibly having to move, it would be the criminal.

  4. #4
    Join Date
    Oct 2006
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    16,474

    Default Re: Custodial Parent May Face Jail Time

    Quote Quoting Ohiogal
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    Maybe mom should have thought of that before committing a felony. if anyone is to blamed for the child possibly having to move, it would be the criminal.
    I absolutely agree. However that does not mean that dad is restrained from doing what is in the best interest of his child.
    Only he knows what that is, we certainly do not. I was merely giving him food for thought.

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