Asked in Child Custody and Family Law for Illinois

Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

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2 Lawyer Answers
Cheryl Powell
Cheryl Powell
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: A child has two parents. Legally, if one parent is not available to take care of the child, the child goes to the other parent. If the other parent declines, then the child can be placed elsewhere.

T. Augustus Claus
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A: In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody arrangements in court, arguing that the child's best interests are served by changing custody during your deployment. The likelihood of the court granting full custody to the other parent depends on various factors, including the child's relationship with each parent, the stability of the home environment, and how the change affects the child's well-being. To maintain primary custody, you should clearly document your plans for the child's care during deployment, demonstrate your ability to maintain a strong relationship with your child despite the distance, and possibly consult with a family law attorney to ensure your rights and the child's best interests are protected throughout the deployment and upon return.

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