Do I need...

Vincent

Member
Jurisdiction
Illinois
Hello,

Thank you in advance for your help.

About to go through divorce process.

Intervieing lawyers soon.

I live in IL.

Have a child that is 8 years old that is mine and has allways lived with me.

My current question is, I live in a 3 bedroom apartment at the current time.

My lease is not up for about 5 more months.

I would highly like to stay in the same school district and area for my child.

Currently everyone has there own bedroom.
My child has there own room.
My current with has her own room, bed, ext
And I have my own current room of my own with a separate bed and place for my clothes.

My child and I share the common space if the living room most if the time during the day

It's where we do there home work, play games, and in general hang out.

My wife still currently almost never even cones into that part if the apartment.


My wife wants to move out sooner than later. She is looking for roommates ect to move out of our 3 bedroom apartment with

She is on the lease as well untill it expires in about 5 months.

Sorry for all the background Information. I thought it might help with the context of my questions.

As of now we are NOT leaglly sperated.

My main questions in regards to housing are these:

I don't specially need 3 full bedrooms if it is just going to be my child in me in the long run.

Of course the cost for me living closer to the city if of Chicago. (in the suburbs now)

There is a huge difference in rent from a 3 bedroom to a 2 or even 1 bedroom.

- Main question is legally speaking do I have to have 2 bedrooms to have sole custody of my child?

- Can I legally in IL have a nice and safe 1 bedroom apartment that is in the same good school district which is even closer to the public library and other educational resources?
-If I was to get a 1 bedroom apartment, my child would have that bedroom Completly to themselves. There own bed, dresser for clothes, place for toys, ext.

- I would set up the twin size bed I now have in the "Dinning Room" just to sleep. My clothes I already have in one of those portable hanging dressers that you zip closed.

Or do I need a legally a 2 bedroom apartment?

-Even thought it would cost me a considerable amount in rent to stay put in the 3 bedroom apartment we all currently live in, would that look more favorable when it comes to any kind of custdy hearing that might occur?

Any help would be much appreciated

I am going to ask these same question when I I interview possible attorneys.


Last question would be if my current wife does happen to leave on her own free will, is there a certain time period legally in IL she has to be out of the apartment before I can have my landlord take her off the lease?

Or at the very least not give here acess to our current rental?

After she decides to move out I don't want to worry about suprise visits in the middle of the night. Or when I am not home, her and friends come in to the current apartment and take items.

Thank you for your time and response!
 
Hello,

Thank you in advance for your help.

About to go through divorce process.

Intervieing lawyers soon.

I live in IL.

Have a child that is 8 years old that is mine and has allways lived with me.

My current question is, I live in a 3 bedroom apartment at the current time.

My lease is not up for about 5 more months.

I would highly like to stay in the same school district and area for my child.

Currently everyone has there own bedroom.
My child has there own room.
My current with has her own room, bed, ext
And I have my own current room of my own with a separate bed and place for my clothes.

My child and I share the common space if the living room most if the time during the day

It's where we do there home work, play games, and in general hang out.

My wife still currently almost never even cones into that part if the apartment.


My wife wants to move out sooner than later. She is looking for roommates ect to move out of our 3 bedroom apartment with

She is on the lease as well untill it expires in about 5 months.

Sorry for all the background Information. I thought it might help with the context of my questions.

As of now we are NOT leaglly sperated.

My main questions in regards to housing are these:

I don't specially need 3 full bedrooms if it is just going to be my child in me in the long run.

Of course the cost for me living closer to the city if of Chicago. (in the suburbs now)

There is a huge difference in rent from a 3 bedroom to a 2 or even 1 bedroom.

- Main question is legally speaking do I have to have 2 bedrooms to have sole custody of my child?

- Can I legally in IL have a nice and safe 1 bedroom apartment that is in the same good school district which is even closer to the public library and other educational resources?
-If I was to get a 1 bedroom apartment, my child would have that bedroom Completly to themselves. There own bed, dresser for clothes, place for toys, ext.

- I would set up the twin size bed I now have in the "Dinning Room" just to sleep. My clothes I already have in one of those portable hanging dressers that you zip closed.

Or do I need a legally a 2 bedroom apartment?

-Even thought it would cost me a considerable amount in rent to stay put in the 3 bedroom apartment we all currently live in, would that look more favorable when it comes to any kind of custdy hearing that might occur?

Any help would be much appreciated

I am going to ask these same question when I I interview possible attorneys.


Last question would be if my current wife does happen to leave on her own free will, is there a certain time period legally in IL she has to be out of the apartment before I can have my landlord take her off the lease?

Or at the very least not give here acess to our current rental?

After she decides to move out I don't want to worry about suprise visits in the middle of the night. Or when I am not home, her and friends come in to the current apartment and take items.

Thank you for your time and response!

No you don't have to have a bedroom for each child or person to have custody. Custody is determined usually based on who the primary caregiver has been - who took care of the child's basic needs from day to day.

Just go talk to a lawyer.
 
You and your child could live in a 1 bedroom, or even a studio apartment, rent a room in someone's home, live with your parents, even live in a homeless shelter.

The only thing that matters to the court is if you're a great parent.

Poverty is NOT a crime in any state of this great country.
 
Were you aware that the words "current" and "currently" appear 10 times in your post (most of which are completely unnecessary)? ;-)

do I have to have 2 bedrooms to have sole custody of my child?

No.

Can I legally in IL have a nice and safe 1 bedroom apartment that is in the same good school district which is even closer to the public library and other educational resources?

Yes.

do I need a legally a 2 bedroom apartment?

No.

Even thought it would cost me a considerable amount in rent to stay put in the 3 bedroom apartment we all currently live in, would that look more favorable when it comes to any kind of custdy hearing that might occur?

Only a local attorney will be able to opine intelligently about this, but I doubt it.

Last question would be if my current wife does happen to leave on her own free will, is there a certain time period legally in IL she has to be out of the apartment before I can have my landlord take her off the lease?

Your landlord cannot "take her off the lease" without her written agreement.

After she decides to move out I don't want to worry about suprise visits in the middle of the night.

You are free to try and work out some sort of agreement with your wife and your landlord.
 
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