• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

petition to modify

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

teach85

Member
What do I do now?

I just got the kids back from their weekend with dad this afternoon. While talking to my youngest about if she had fun with daddy this weekend, she went on talking about playing at the park, seeing aunt *****, etc. She then says “Daddy put his hands on *****(referring to dad’s girlfriend). This concerns me because I currently have on OP on their father and I know how he can be. I asked her what she meant, “How did Daddy touch *****”. Her response was “Daddy touched her here (pointing to her shoulder/chest). He was yelling at her”. I asked “Why was daddy yelling”. She said”Daddy was yelling at ***** and he said he is gonna kill her”. I then changed the subject. This concerned me because at about 11 p.m. Saturday night my oldest had actually called my boyfriend. We didn’t hear the phone ring and by time we saw the missed call it was much later. I figured he had been up playing one of the games on his phone again since he didn’t leave a voicemail. But after hearing what his sister said I was wondering if he was trying to call because of something going on. A little bit later when my oldest got out of the shower, I pulled him aside and asked him if everything was ok over the weekend. He said no, and proceeded to tell me the following.

He told me that his dad had about 7 friends. They were drinking and playing cards. He said that one of his dad’s friends and that guy’s girlfriend got into an argument. She then left. Dad’s girlfriend then put in her two cents in about how this guy was wrong. This started and yelling match between the kid’s dad and his girlfriend. At this point my son grabs his phone and goes outside the front door. He said he could hear his dad screaming at gf, but didn’t hear what he said. This is what my youngest was referring to. He said he want outside to call me because he was scared and wanted to come home. Dad saw him outside with his phone and came out yelling at him. He took his phone away from him and said he was deleting my number from his phone because he wasn’t calling me, he wasn’t going home, he was staying there if he liked it or not. My son then went back inside to his room. He said a little bit later, another guy there (he said it was dad’s neighbor) started arguing with two other guys. My son comes out to see this guys swinging at two others and his dad standing in the middle trying to break it up. He said this guy takes off out the door chasing these guys and that everyone in the house went out after him down the road. This leaving my two and dad’s gf’s kids in the house by themselves. This is when my son found where his dad hide his phone and tried to call my boyfriend. He said he called him because his dad told his he had deleted my number. When his dad got back he took his phone away from him again and hid it. He didn’t get it back until he left to come home.

This phone was bought for him because of situation just like this that have happened at dads on many other occasions. It took me about an hour to get my son settled down in bed tonight. He was afraid he was going to have another bad dream like he did last night. He said he had a dream that the neighbor came back over and was beating everyone in the house to death with a hammer.

This is getting to be ridiculous. What can/should I do here? This has my oldest so upset that he said he didn’t want to go back to his dad’s for awhile (which I know isn’t an option). I asked him if he ever talked to his dad about how he feels and he says that he can’t because his dad just yells at him when he does.
 


mistoffolees

Senior Member
How old are the children?

The problem you have is that there's not a darned thing you can do about it unless there's evidence. And you're going to have a hard time proving that the incident occurred unless the kids are old enough to testify in court (which probably means teen years AT LEAST).

Teach the kids to call 911.
 

teach85

Member
Would my son’s psychiatrist be helpful? If my son bring this all up when he see his psychiatrist, would he be able to write up something that the courts would take into serious consideration or would it be blown off? He is suppose to go back next week but I’m going to call today to see if they can get him in this week.
 
Last edited:

LdiJ

Senior Member
Would my son’s psychiatrist be helpful? If my son bring this all up when he see his psychiatrist, would he be able to write up something that the courts would take into serious consideration or would it be blown off? He is suppose to go back next week but I’m going to call today to see if they can get him in this week.
Actually a therapist CAN be a good person to testify...a therapist cannot just write something up, because that cannot be cross examined, but their testimony can be quite valuable. They are also mandated CPS reporters.
 
Last edited:

teach85

Member
Actually a therapist CAN be a good person to testify...a therapist cannot just write something up, because that cannot be cross examined, but their testimony can be quite valuable. They are also mandated CPS reporters.
Very good point and thanks!
 

teach85

Member
You would file your motion to modify, and within that motion you would ask the judge to either appoint a GAL or order a custody evaluation.
Do you know what the cost for these will be? Will it be split between the parties?
 

CSO286

Senior Member
Do you know what the cost for these will be? Will it be split between the parties?
Call your county court admin, or look on their website for the filing fees. You will need to pay your own filing fees, although if you are indigent, you can request a fee waiver that may or may not be granted.
 

LdiJ

Senior Member
Do you know what the cost for these will be? Will it be split between the parties?
Both GALs and Custody Evaluations are pretty expensive. It varies dramatically from state to state and even sometimes from county to county. Generally the costs are split between the two parties.
 

single317dad

Senior Member
IDad saw him outside with his phone and came out yelling at him. He took his phone away from him and said he was deleting my number from his phone because he wasn’t calling me, he wasn’t going home, he was staying there if he liked it or not.
I might be way off base here, because I'm unable to find an Illinois statute that confirms anything I'm about to say. However, I'll relate a law from Indiana and leave you to pursue the Illinois equivalent, if it exists.

In Indiana, if you take a phone from someone who is attempting to call for help, you can be charged with Criminal Confinement, a Class D Felony. Some aggravating circumstances can raise it to a Class C or B. It's not entirely clear from the statute whether confining your own child in this manner in a situation where they're fearful is illegal.

There's a gray area, between grounding a child to their room for bad behavior and locking them in a closet for a week. Police in a town where I lived stated that they would immediately arrest someone for taking another's cell phone if they were trying to call for help. The deputies in the same county said they would not unless there was an injury.

I'm not able to find that law on Illinois' books, but it may have a different name. Ask a criminal lawyer, or a police officer failing that. You may have to ask more than one, as I've found that different cops on different days will give you different answers to the same questions. Just make sure you're asking an officer that is from the jurisdiction that will respond to an emergency call at Dad's house, since that's where this is happening.
 

teach85

Member
Update

DCFS has now opened a case against my ex and his girlfriend. Most recently his girlfriend smacked my youngest across the face for telling her no. This, along with all the other stuff that has gone on in the past few months was enough for them to get involved. Is there anything I can do in the mean time while DCFS is investigating? And, how could the DCFS investigation impact our court date in two weeks?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top