Newsgroups: alt.child-support
Subject: Re: QUESTION: Child-Support Laws in Illinois
From: sbishop@desire.wright.edu
Date: 29 Jul 92 19:04:32 EST
Distribution: usa
Organization: Wright State University 

In article <1992Jul29.175935.15227@asl.dl.nec.com>, murthy@aslws01.asl.dl.nec.com (Vasudev Murthy) writes:
> Hello,
> 
> This is an inquiry on behalf of a friend of a friend (let's call
> her "X").  As such I am passing on an inquiry from my immediate friend.
> I do not know X personally.
> 
> -------------------------------------------------------------
> X is a physician as is her husband Y. They live in Illinois.
> X has filed for divorce and the procedure has dragged on for
> a year in a very messy way. The bone of contention is custody of
> two boys ages 15 and 11. Lawyers have told X that if she moves out
> to get away from her threatening and abusive husband she will
> automatically lose the battle over custody on the grounds of
> abandonment. At the same time, living in the same house has become
> exceedingly hard so an escape is desirable.

Why can't she and the boys all move out?  Sounds like she needs a new
lawyer.  Also she needs a good tape recorder to tape some of the abuse
she is getting from her husband.  It would make something interesting
to play for the judge when she goes to court.

> 
> What are the laws in Illinois concerning when a child can express
> his/her preference in the custody battle? My own feeling is that
> the lawyers on both sides have spotted two physicians with loads of
> money (actually rapidly dwindling) and are prolonging the situation
> at the cost of the mental health of X (and maybe Y, I don't know)
> and the unfortunate children.  Seems to me that if a child of some
> minimum age says: I would like to live with my mother/father, that
> ought to have some impact and the matter could get swiftly resolved.
> However, I have no knowledge about these legalities and invite correction.
> 
> May I request any knowledgable netters to e-mail relevant
> information? Perhaps precedents/cases etc..?
> 
> Thank you in advance.
> 
> Vasudev
> -- 
> Vasudev Murthy               Any opinions expressed are strictly  
> murthy@asl.dl.nec.com        my own  and have nothing to do with
> (214) 518-3463             Advanced Switching Lab, NEC America, Inc.
> 1525 Walnut Hill Lane Irving TX 75038

Don't know what they are in Illinois but in Ohio, the child from age 12
can state which parent they wish to live with and, unless the parent is
seriously unsuitable, the court will agree with their wishes.  They also
can refuse to live with either parent.  I am legally appointed guardian
for a teenage boy, he was a ward of the court due to getting into some
problem behavior.  His mother is mentally incompetent, his father had
custody until he was 14 then turned him over to his mother.  When he
got into trouble, his father avoided custody, Mike (the boy) was placed
in a residental Treatment Center for problem teens.  The Center straightened
him out beautifully but his father refused to take custody after Mike was
ready to leave the Center.  So the Court took him to court and got child
support, then had a custody hearing.  Mike stated he did not want to live
with his father and then was placed in our custody.  The father keeps 
writing, *now* he says he wants his son.  Right.  Funny how he didn't
want custody until after he had to pay child support.

Sue

Newsgroups: alt.child-support,alt.dads-rights,misc.legal