Chicago, IL asked in Family Law and Child Custody for Illinois

Q: My son's father wants 50% custody but my son will be spending 90% of his dad's days with his step mom

My seven yr olds father lives in Iowa and has for almost two years. His Wife and step kids live here in IL. His Wife is pushing him to get 50/50 custody. Altho I don't have a problem with his wife, I still don't feel comfortable sharing my son 50/50 when my son won't even be going with his dad. He'll be going to his step mom's house with her and her kids. Don't get me wrong, I love that they love him too and that she's always treated him like her own. Howver, I don't feel like bouncing him around is what's best for him.

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: Due to recent changes in state law, you and your ex-husband will be expected to propose how much parenting time each of you gets and when it will be (Illinois has done away with the terms "custody" and "visitation"). It will be important for you to emphasize that the term "parenting time" means just what it sounds like -- it is time for a parent to spend time with the child. The term doesn't mean storing the child with someone else the vast majority of the time. Discuss this with your lawyer. If you don't have a lawyer I strongly encourage you to get one as quickly as possible. In the meantime, you might point out to your ex-husband that you will expect and demand of the court that his parenting time is means time he spends with the children, not with someone else.

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