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Do I have to take my 17 year old son back if his uncle has temporary custody?

Do I have to take my 17 year old son back if his uncle has temporary custody?

Full question:

I gave custody of my 17 year son to his uncle but the judge made it temporary. He lived with him 10 months, which included a whole school year. He is 6 months from turning 18 and now his uncle wants to force me to take him back. I told him to take me back to court. Im refusing to let him come back tonlive with me. He has had a great negative influence on his brother that has mental problems. Do i have to take my 17 and half year old back?

Category: Minors
Subcategory: Custody
Date: 04/07/2025
State: Illinois

Answer:

If the order awarding custody to Uncle is still in effect he would still have custody. If the temporary custody order has expired then he would not have custody. The person with custody has certain rights and obligations in regard to the minor child. The Uncle could file to terminate his custody if it is still in effect.

As a practical matter if the Uncle will not retain the child the child might come to you. Since there is only 6 months before the child is 18 years of age and an adult there is not much time for anyone to have custody.

However, if you are concerned about the influence the 17 year old may have on your other child you may want to compel the Uncle to keep the child.

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

What looks bad in a custody battle?

In a custody battle, negative factors can include a history of substance abuse, domestic violence, or neglect. Poor communication with the other parent and failure to comply with court orders can also reflect badly. It's important to demonstrate a stable environment for the child and a willingness to co-parent effectively. Additionally, any behavior that undermines the child's relationship with the other parent may be viewed unfavorably by the court.

What not to say during a custody battle?

During a custody battle, avoid making disparaging remarks about the other parent, as this can negatively impact your case. Do not make threats or express anger in court. It's also wise to refrain from discussing the case on social media or sharing sensitive information publicly. Focus on the child's best interests and maintain a respectful tone throughout the proceedings.

What is the biggest mistake in a custody battle?

One of the biggest mistakes in a custody battle is failing to prioritize the child's best interests. This includes not being cooperative with the other parent or disregarding court orders. Additionally, not documenting important events or communications can weaken your position. Always approach the situation with a focus on what will benefit the child emotionally and physically.