Mahomet, IL asked in Child Custody, Child Support and Family Law for Illinois

Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way to he can give her back to the mom with an agreement of not paying child support?

1 Lawyer Answer
Brian W. Reidy
Brian W. Reidy
  • Divorce Lawyer
  • Orland Park, IL
  • Licensed in Illinois

A: Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would likely owe child support.

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