Edwardsville, IL asked in Family Law, Child Custody, Child Support and Domestic Violence for Illinois

Q: Mother of child accused of domestic violence by her current husband. Can I be awarded custody if she is found guilty?

My ex wife currently has custody of our daughter. Her current husband has filed an op against her for domestic violence and in op he states he does not believe my daughter is safe with her without her parents supervision (she lives with her parents). If guilty will I be awarded custody or do I need to take her to court to gain full custody and stop paying child support. Currently have visitation but she doesn't let me see daughter unless it's Christmas. Doesn't return my calls when I'm home from work to see my child. Thank you

1 Lawyer Answer
Angela Peters
Angela Peters
  • Divorce Lawyer
  • Arlington Heights, IL
  • Licensed in Illinois

A: You definitely need to go to court to obtain a court order for you to have custody and for you to stop paying child support.

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