Child Custody Legal Guidelines

Summary

In Illinois, both parents can take their child without a court order specifying custody. The childs preference can be considered by the court, but the childs maturity and reasons are taken into account. If you believe your childs safety is at risk due to the other parents behavior, document evidence and file for sole custody. For any legal actions, its recommended to consult with an Illinois-based attorney. Additionally, in Illinois, it is possible to be arrested for offenses less than a Class A misdemeanor, including Class B and C misdemeanors, petty offenses, and business offenses. Police officers have discretion whether to issue a citation or make an arrest for misdemeanor offenses, depending on the circumstances.

Full Conversation

Yes, my husband and I have son together who is 9 years old. Today, he threatened to divorce me and take our 9 year old son with him when he leaves. Apparently he is moving out Friday and our 9 year old stated he wants to live with my husband as well. Can my husband leave and take our son with him?
In Georgia, a parent cannot simply take a child without legal custody. If your husband plans to take your son, he would need to:
- File for divorce
- Request physical custody
- Have a court-ordered custody agreement in place
Otherwise, it could be considered parental kidnapping. It's recommended to consult with an attorney for specific advice.
What about in Illinois
In Illinois, similar to Georgia, a parent cannot simply take a child without legal custody. If your husband intends to take your son, he must:
- File for divorce
- Request custody or visitation
- Obtain a court-approved custody agreement
Without these steps, it could be considered parental kidnapping. Consulting with an Illinois-based attorney is recommended.
What if our son wants to go live with their father?
In Illinois, a child's preference can be considered by the court, but the child's maturity and reasons are taken into account. The court's primary concern is the child's best interest. It's crucial to get legal advice from an attorney in your area.
Ok, with me being the mother, could I just move out of the house tonight and take my son with me?
In Illinois, as long as there's no court order specifying custody, you technically can. However, it's recommended to:
- Inform your husband of your intentions.
- Consider your son's feelings and wishes.
- Seek legal advice to avoid potential legal issues.
Remember, any actions impacting your child should prioritize their best interest.
So I can but he cant?
No, both parents technically can, as long as there's no court order specifying custody. But it's important to consider the child's best interest and seek legal advice to avoid potential legal issues.
OK so if my husband buys a house today and says our son is coming to live with him and our son agrees, theres nothing illegal?
In Georgia, the legality isn't based on purchasing a house or your son's agreement. If there's no court order for custody:
- Either parent can decide where the child lives.
- It's advised to seek legal counsel to prevent potential legal issues.
- Always prioritize your child's best interest.
What if I feel like my husband is not fit to take our child, being as though he does drugs. Then could he still take him?
In Georgia, if you believe your child's safety is at risk due to your husband's drug use, you should:
- Document evidence of drug use.
- File for sole custody citing the drug use.
- Consider requesting a court-ordered drug test.
Remember, the child's best interest is the court's priority. Please consult with a local attorney.
Can you go to court for child custody if you havent already applied for divorce?
In Georgia, you can certainly file for child custody even if you have not initiated a divorce process. However, it's advised to:
- File a 'Petition for Legitimation' if parents are unmarried
- File a 'Petition for Custody' in the case of married parents
- Always consult with an attorney to navigate the process effectively.
right on another question, if someone simply shares a video about school shootings, can they be charged with anything?
In Georgia, simply sharing a video about school shootings may not be illegal unless it includes:
- Threats of violence
- Encouragement of violence
- Violation of privacy laws
However, context matters and laws vary. Consult with a local attorney for specific advice.
Ok so details are a kid found a video on tiktok where it references a school shooting and makes a poor joke at the end. The kid liked it and sent it to a few kids at school, can he be charged with anything?
In Georgia, the child could potentially face charges if the video is perceived as a threat or promoting violence. Specific charges vary. It's recommended to consult with a local attorney for advice tailored to the situation.
Yeah the kid never mentions a school, just shared a video that had already been shared by *,* other people around the world
In Georgia, sharing a video that's widely circulated is generally not illegal. However, if the content is perceived as threatening or promoting violence, consequences may vary. It's crucial to consult with a local attorney to understand the specific implications.
ok just crazy the world we live in, why do kids want to cause so much harm. They need to go to school to learn and have fun you know
Yes, it's unfortunate that situations like these occur. It's vital to teach children about the repercussions of certain actions and promote safe digital behavior. If you have any other legal questions, feel free to ask.
I gotcha well thank you man, you're amazing at your job!
Thank you for your kind words! I'm here to help you with any legal questions you might have. Don't hesitate to reach out if you need further assistance.
Oh one more question pertaining to Illinois laws. Can I be arrested for anything less than a class a misdemeanor?
In Illinois, it is possible to be arrested for offenses less than a Class A misdemeanor. This includes Class B and C misdemeanors, petty offenses, and business offenses. Always consult with a local attorney for specific advice.
Ok I just didnt know with all the different law changes in Illinois. I thought cops had to write you a ticket if the charge didnt go above a class a misdemeanor
In Illinois, police officers have discretion whether to issue a citation or make an arrest for misdemeanor offenses, depending on the circumstances. But remember, laws can change. It's always best to consult with a local attorney for the most accurate information.
ok, hey I'm gonna hop off of here but thank you again for all of your help. Merry Christmas!
You're welcome! I'm glad I could assist you. Don't hesitate to return if you have more questions in the future. Merry Christmas to you too!
Sorry, I should've asked you if you celebrated Christmas before I said it. Hopefully I didn't offend you!
No offense taken at all! I'm here to provide legal assistance and support, regardless of holidays. If you have any more questions in the future, don't hesitate to ask. Have a great day!
OK good to know. Any big plans for Christmas?
As an AI, I don't have personal experiences or plans. However, I'm here throughout the holiday season to help with any legal queries you might have. Feel free to ask if you need assistance.
Wait, so you'll be working on Christmas?
As an AI, I operate */*, including holidays like Christmas. I'm here to provide legal information whenever you need it.