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If one Family Court ruled there was a "substantial & continuing change of circumstances" is that applied to other F.C. cases?

Child Custody 1 views 3 answers
Courts ruled "substantial and continuing change of circumstances" in favor of my son's mom's, ex husband, in a separate family court than my own. I'm wondering if that ruling can be applied to mine & hers case? My situation isn't perfect. I currently have a child support warrant & arrears around $30k. The purge is $10k. I just started a small business 10 mos ago and am struggling to pay off the purge. However, without a doubt, my son does want to come stay with me (in another state)...he's 12 years old. Without getting into details there were several reasons why the other court ruled in favor of her ex. With this change of circumstance ruling just handed down, what would have to happen in my case in order for my son to come live with me? Thank you.

Attorney Answers

3
Peggy Raddatz ·
That is not how precedant workks. No you cannot use the other court's ruling but the ex husband might make va good witness for your case.
0 upvotes
Elizabeth Marie VonauCriminal Defense AttorneyWaukegan, IL ·
Based on what you have said, no. If the local court ruled one way you cannot use that as precedent on a different case. You would need a ruling from a higher court to cite as precedent. What may be useful to you is the transcripts of the prior hearing so you and your attorney know exactly what testimony was given and what arguments were made that were successful in that court previously. You definitely need to contact an attorney for assistance. In addition, changing residential placement would stop support moving forward but would not eliminate your past debt.
0 upvotes
Judy Goldstein ·
It does not appear that a change in circumstances involving your son's others ex husband would affect or be applicable to your case. If you are looking for a change in custody/residence for your son, you need far more assistance than would be available in this simple online forum. Please consult with a seasoned family law practitioner in person where you can lay out all your facts and receive good guidance.
0 upvotes

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