Can the father get custody if the child is not living with the mother who has custody?

Full question:

If the mother has custody of the child and that child has not lived with her in over a year can the father get full custudy?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Illinois

Answer:

Yes, it is possible for a parent to file for modification of custody based on a significant change of circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A mother can seek to regain custody by demonstrating a change in circumstances that warrants a modification of the current custody arrangement. This may involve showing that she has improved her living situation, resolved any issues that led to the initial custody decision, or that the child's best interests would be served by returning to her care. It's advisable to present evidence and possibly seek legal assistance to navigate the process effectively.