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State Support Forums >> Illinois
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eaken
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need info.
      #198898 - 04/23/08 05:30 PM (66.72.58.71)
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im a father of a 3 yr.old,my wife had left us little over a year ago,my daughter sees her mom 1 to 2 days a week thats it,how easy or would it be easy to get full custody of my child when i file for divorce,im hoping it will be in june.

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jakandme
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Re: need info. [Re: eaken]
      #198937 - 04/23/08 08:23 PM (216.41.247.135)
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I'm afraid to tell you that it won't be easy. You pretty much have to prove her unfit, such as drugs, alcohol, abuse. That is usually the only way. If she is seeing the child on a regular or near regular basis and there is nothing bad going on, it will be pretty hard to get her taken away from her child. Why would you want that? It took both of you to bring the child into the world, it will take you both to raise the child. I don't mean that in a degrading way. I just don't understand why you would want that. My stbx is a complete ASS and I still wouldn't want his kids taken away from him.

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Samsung
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Re: need info. [Re: eaken]
      #198967 - 04/23/08 11:17 PM (71.214.151.197)
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It depends on what you mean by full custody. There are 2 types of custody: legal and physical. What will be standard in your case, as shown by the last year, is you will get 50/50 shared legal custody, and you will get physical custody of your child, with visitation for your wife (which consist of every other weekend with a mid-week visit, unless you two agree to something else).

It also doesn't mean you can't have shared physical custody. Studies show this is what is most often best for a child. Shared custody also does not have to be 50/50. It can be less. Many have shared cusotody agreements written as 65/35, which equates to approximately 20 days a month for 1 parent, and 10 for the other.


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