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

Q: Father seeks joint custody, doesn't pay child support, girlfriend mistreats kids. How to protect kids' interests?

My children's father is seeking joint custody of one of our two kids. He does not provide for either child, despite a child support order from 01/30/25 requiring him to pay $550 a month. His girlfriends and other children mistreat my kids; one of his girlfriends has called my daughter derogatory names like "s***" and "trash." He tells them that he is not the father of one of my kids. My kids don’t want anything to do with him or his household. How can I protect their interests and ensure their well-being in this situation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like your children are in a very difficult situation, and protecting their well-being should be your priority. Since their father is not complying with the child support order and there are reports of mistreatment, you have valid concerns about their safety and emotional health. Document everything, including missed child support payments, derogatory statements, and any incidents of mistreatment. Keeping detailed records will be important if you need to present evidence in court.

You can request the court to modify custody or visitation arrangements based on the children’s best interests, highlighting the father’s failure to provide support and the negative environment in his home. Courts consider the children’s preferences, especially if they are old enough to express them, and will weigh safety and emotional stability heavily in custody decisions.

It’s important to work with an attorney experienced in family law to file motions or petitions to protect your children. You may also consider requesting supervised visitation if any time with their father is allowed, ensuring a safer environment. Taking these steps proactively can help ensure that your children’s needs and safety remain the central focus of any custody decisions.

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