How can I go about getting sole custody of my son. My son's father is in jail and pending trial for prison on 2 cases of child endangerment with his two other children from previous relationship.(dui and roll over crash which put the kids and himself in the hospital)We have not been married for over 13 years. He is in California and I'm in Illinois. Would I need to file papers in Illinois or California? The divorce was in California. Is there also a way to make sure if anything were to ever happen to me my new husband would get cutody and not my ex?

I don't know what you mean by sole custody or why you would need sole custody.

Are you asking about keeping the father from visiting with your son? The only way to do that is to PROVE he is unfit and/or a danger to your child. I don't know where the father is but the Courts are reluctant to transfer a case which would put the party who did NOT move at a disadvantage. Therefore, if the divorce was granted in Caifornia that is where you would "probably" have to file. Obviously if the divorce was granted in Illinois, you would file there.

No, there is no way to guarantee that your new husband would get custody of your child with your ex-husband. The legal father's rights come first, and you cannot almost never strip the legal father of his rights.

Of course, if the father allows your husband to adopt the child, it's a different story.

I just want to make sure if he was to get out of jail/prison he would not be able to take my child and put his life in danger as he has done with his other two children.

If my sons father was still in jail/prison and something were to happen to me who then would get custody of my son? Could it by my current husband?

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Originally Posted by momillinois

Could it by my current husband?

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Hello m:

No. It will be the father.

excon

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Originally Posted by momillinois

I just want to make sure if he was to get out of jail/prison he would not be able to take my child and put his life in danger as he has done with his other two children.

If my sons father was still in jail/prison and something were to happen to me who then would get custody of my son? Could it by my current husband?

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So go to Court and prove him unfit.

I already covered the "who is next in line to raise your child" question. The birth father has rights until those rights are removed from him.

If he is not there his family MAY have rights and your family MAY have rights as "next in line."

You need to consult with an Attorney.

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Originally Posted by JudyKayTee

... Therefore, if the divorce was granted in Caifornia that is where you would "probably" have to file. ...

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Somewhat stronger than " 'probably' ". See the Uniform Child Custody Jurisdiction And Enforcement Act.

Okay, make that "definitely."