Custody Battle In Illinois

Summary

The user, a resident of Illinois, is preparing for a custody trial in family court. They are seeking primary custody of their child, citing concerns about the other parents lifestyle, including frequent tardiness for school, unstable living conditions, and exposure to the other parents romantic partners. The user has been gathering evidence, including school records, text messages, and potential witness testimonies. They are also preparing a position statement to present in court. The user is representing themselves in court due to financial constraints. They have been advised to authenticate their evidence, such as text messages, and to consider using public records to find the full name of a potential witness.

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Yes, a custody family court trial
What is the main point of contention in your custody case?

In Illinois, the court considers the best interest of the child when determining custody.
I want joint custody, as I feel I can be a better parent for my child I would like to be primary and have him in school in the town I live
What is the current custody arrangement and why do you believe it's not in the best interest of your child?

In Illinois:
- The court considers the child's best interest.
- Factors include parents' wishes, child's wishes, child's adjustment to home, school, community.
- Nearest Family Court: Cook County Circuit Court, (*) *-*.
I feel I can meet his physical and emotional needs better and he is not subjected to the other parents lifestyle. I only have him after school for * hours and every other weekend.
What specific concerns do you have about the other parent's lifestyle that you believe could negatively impact your child?

In Illinois, the court may consider the mental and physical health of all individuals involved.
He is subjected to being late for school quite often, because the other parent oversleeps. Being brought around members of the opposite sex that the other parent engages with , doesn't have a steady child are provider, and the other parent is bipolar and doesn't take medicine prescribed.
What evidence do you have to support these concerns about the other parent's lifestyle? In Illinois, evidence of instability can influence custody decisions.
The neighbor/sometimes babysitter contacted me concerned about my child.
What specific information did the neighbor/babysitter provide that supports your concerns about the other parent's lifestyle?
Partying excessively, taking him out of state to a new girlfriends home for 4 days causing him to miss school. His mother was to be evicted but finally came up with the money to pay 3 months behind on rent. Also a DCFS investigation about the house being so dirty and in disarray. It was unfounded.
Do you have any documentation or records of these incidents, such as school attendance records, eviction notices, or DCFS reports?
Yes about the school attendance and DCFS report. The neighbor was informed about the eviction notices and informed me.
What was the outcome of the DCFS investigation? In Illinois, DCFS reports can be used in custody cases if they indicate a risk to the child's wellbeing.
Unfounded because after a couple unsuccessful attempts to speak with him, he had time to get his house in order.
What steps have you taken so far in your pursuit of gaining primary custody?
Been to family court multiple times. Hearing/Trial coming up in December.
What is the name of your attorney who is representing you in the court?
I have no attorney, did have one but could no longer afford the retainer fee. I was drained financially. I am going into this pro se. Very difficult for me.
What resources have you used to prepare for representing yourself in court? In Illinois, the Illinois Legal Aid Online provides resources for individuals representing themselves in court.
I have been ordered by the court to submit a position statement, list of evidence, witnesses, and a financial affidavit. The neighbor who told me all about her concerns for my son is now scared to testify in court. She did a flip flop on me. I am going to have to subpoena her but only know her first name and address. I do not have a way to find out her last name.
Have you tried asking your neighbor directly for her last name or checking public records such as voter registration or property records?

In Illinois, you can issue a subpoena to a witness if you know their name and address.
I have asked her for her last name but she refuses to give it to me as she doesn't want to testify knowing she lives right next to my ex. How do you go about checking these public records?
You can check public records online through county websites or use online services like Whitepages. Remember, using this information should be for legal purposes only.
Yes absolutely, I only need the woman's name for legal purposes. This woman searched me out first and asked if my son was RJ. I didn't have a clue who she was. Then she proceeded to inform of different things that she felt could affect my son's well being.
What specific information did this woman provide about your son's well-being that could be relevant to your custody case?
About her partying, the eviction notice, her dysfunctional lifestyle and the new girlfriend whose house she was taking him to out of state.
Do you have any evidence or documentation to support these claims about the other parent's lifestyle?
I am in the process of trying to get police reports through FOIA. Other than that, just basically lots of text messages.
What specific information are you hoping to obtain from the police reports and how do you believe it will support your case? In Illinois, FOIA requests can be made to local law enforcement agencies.
The neighbor has called the police on her a few times and also is the one who reported her to DCFS. Would eviction notices be public records as well?
In Illinois, eviction records are considered public information and can be accessed through county court records. However, the availability may vary by county.
All I can do is fill out the FOIA form and hope to get all police reports. One of my main concerns is getting the subpoena to the neighbor. I feel she is my best evidence in this case.
What steps have you taken to subpoena your neighbor? In Illinois, you can issue a subpoena if you know the person's name and address.
I don't know her last name and have talked to the police station about it. They told me at the next court date to inform the judge that I have a relevant witness but she refuses to testify willingly. I feel her testimony is important to my case.
What is the name of the court where your case is being heard? This information will help me provide you with the correct contact details for issuing a subpoena.
Bond County 3rd Judicial Court Greenville Illinois *
The Bond County 3rd Judicial Court is located at * W College Ave, Greenville, IL *. You can contact them at (*) *-* for further assistance.
I did contact the circuit clerks office this morning about not knowing the neighbors last name. They told me to search on Illinoislegalaid.org and see what I can find about issuing a subpoena to someone whose last name I do not know.
What information did you find on Illinoislegalaid.org about issuing a subpoena to someone whose last name you do not know?
Nothing
In Illinois, you generally need to know the full name of the person you're subpoenaing. Have you considered hiring a private investigator to find out your neighbor's full name?
Yes, but that will be more money that I can't afford.
Have you considered reaching out to local legal aid organizations for assistance with your case? They often provide free or low-cost services to those who can't afford legal representation.
I would not qualify for legal aid because of my income and only * person living full time in my home. The other parent claims my son being the primary at this time. I make decent money but my mortgage for my home is quite high and my vehicle payment.
Have you considered discussing your financial situation with legal aid organizations? They may have sliding scale fees based on income and expenses.
Will I have time at this point? I am ordered to produce all the info to the court by November 4th and the trial is December 4th.
What steps have you taken to gather and organize your evidence for the court by the November 4th deadline?
My family and I are in the process now. Wanting to make sure I write my position statement in the right format.
My family is helping me with everything that is required for the Court. I am concerned with writing my position statement correctly in the right format that is required by law.
What specific points are you planning to include in your position statement?
My home, my job, my family support system. My fear for my child's well being. etc. Is this things to focus on. It says to make it short. I'm not trying to keep him away from the other parent. I just want joint custody and to be the primary and have him go back to his former school that he attended.
I have my own home, A good job that I have had for over 6 years, a good family support system for him. My family watches him while I go to work and will get him to and from school on time. I feel I am more suited to be primary. I don't subject him to new relationships like his mother parent does. I want what is in his best interest physically, mentally and emotionally.
What evidence do you have to support your claim that you can provide a more stable environment for your child?
The other parent jumps from job to job, his school records show that he has been tardy * times in a month because she overslept, last year the other parent didn't have him once overnight like stated in the parenting plan from the first of May until the end of July when she picked him up one day to visit with him. The next day I was served an order of protection and also DCFS came with allegations that I had abused him. The allegations were unfounded but when we went to court the judge let him stay with the other parent and I only get 2 days a week after school for * hours to see him and every other weekend from Friday after school until Sunday at * pm.
Do you have any documentation or evidence to support these claims about the other parent's inconsistent employment and tardiness in getting your child to school?
The school tardies I do but that would be a question at court I would ask is about her employment.
What specific evidence do you have regarding the school tardies? In Illinois, consistent tardiness can be considered neglect under the educational neglect laws.
I have documentation from the school about his tardies. The date, time he came in and reason for him being late is the other parent overslept.
I have documentation from my son's school that state his tardies, the dates of and the reason being overslept.
What steps have you taken to present this documentation to the court as evidence in your custody case?
I have the documentation from school that I plan to present
What other evidence do you plan to present in court to support your case? In Illinois, it's important to provide as much relevant evidence as possible to support your claims in a custody case.
Pictures of my son with me and other family members. Texts between both parents, texts from the neighbor with her concerns about his well being. Police reports I'm getting about when the neighbor called the law about disturbances at the other parents home.
Pictures of my son wit myself and my family at different times. Texts between myself and the other parent. Police reports I am in the process of getting when the neighbor called the law to come there with partying going on while my son is present.
What specific incidents do these police reports document, and how do you believe they support your case for custody?
The lifestyle and why they were called there.
What specific lifestyle concerns were reported to the police, and how do these incidents negatively impact your child's well-being?
I feel that partying and dragging other people there to party isn't good for him mentally. He has been subjected to many people of the opposite sex coming around. Even hil.gettimg taken out of state to the new person the other parent has been involved with for a short time.
I feel that the other parent partying with him being present is harmful mentally. Also taking him out of state to meet the new relationship the other parent is in causing him to miss school for 2 days.
What evidence do you have to support these claims about the other parent's partying and taking your child out of state?
The neighbors texts and also text messages from the other parent to myself.
What specific information do these text messages contain that could support your case in court?
Shows that he was taken to someone's home in another state for 4 days when the other parent just met the person.
What steps have you taken to present these text messages as evidence in court?
I am going to present these messages. Court isn't until */*/*.
I am going to present these messages but court isn't until */*/*.
What steps have you taken to ensure these text messages are admissible in court? In Illinois, text messages can be used as evidence if they are authenticated and relevant to the case.
What steps can I do. They are dated texts with relevant information.
You can print out the text messages or take screenshots and have them notarized to authenticate them. Make sure to include the date and time stamps.
I plan to print them all out for court.
What other steps have you taken to prepare for your court hearing on December 4th?
Gathering my evidence, preparing a position statement correctly as it has to be submitted by */*/* to the court.
What specific points are you planning to include in your position statement?
A little background about our relationship, I feel I can provide better than his other parent. State I am buying my home, have a steady job for over 6 years, want him to go back to the school he attended before the other parent got primary over him, I have a great family support system. My mom watched him while I work and can get him to and from school on time and he has many cousins who attend the same school.
What evidence do you have to support your claim that you can provide a more stable environment for your child?
I work, come home and don't bring other members of the opposite sex around him. I have only witnessed to attest to this.
What specific steps have you taken to ensure your child's well-being and stability in your home?
My home is clean, he has his own room, clean clothes, food to eat, a big yard to play in. Cousins who live around him to play with.
What evidence do you have to support your claim about the living conditions at your home?
Pictures
What specific aspects of your home environment do these pictures showcase, and how do they support your case for custody?
His room, his yard, cleanliness of the home, he has pets to care for
What specific responsibilities does your child have in caring for the pets, and how do you believe this contributes to his well-being?
Teaches him responsibility. He feeds and waters them, cleans their cages and plays with them.
What type of pets does your child care for and how does this responsibility positively impact his daily routine?
A cat. two hamsters and * guinea pigs. Teaches him to be kind and caring for his animals.
What evidence do you have to show that your child's interaction with the pets has a positive impact on his emotional well-being?
Pictures of him snuggling with his cat and playing with him..shows his love for them.
What other activities or routines do you have in place that contribute to your child's emotional and physical well-being?
Going to the park, playing with his cousins, drawing pictures together. Playing video games.
What evidence do you have to show that these activities contribute positively to your child's emotional and physical well-being?
Picture
What specific points are you planning to include in your position statement to demonstrate your ability to provide a stable and nurturing environment for your child?
He is happy with me, he loves to be at our house together. I help him with homework. He can come to me when he is happy or sad.. I will be there for him
What evidence do you have to support your claim that your child is happy and comfortable in your home?
His testimony to that and all the pictures of him.
What specific points or moments do these pictures capture that demonstrate your child's happiness and comfort in your home?
The happiness in his face,
What specific activities or events are depicted in these pictures that show your child's happiness?
Birthday parties, holidays, going to the zoo, trick or treating, just hanging out at home.
What steps have you taken to ensure these pictures are admissible as evidence in court?
In information I found about evidence, it states that pictures of him, us and family are examples of evidence.
What specific moments or interactions do these pictures capture that could support your claim for custody?
His smile, his love
Us being together as a family and the smile on his face
He and I together as a family and that he is happy to be in that moment.