T.T.
Hi M.,
I am also going through a divorce, and expect some problems with my husband over custody. I have talked to a number of lawyers, and they all tell me:
1. Don't take legal advice from the man you are divoricing. The system does not favor the working parent for custody. They favor the parent who has consistently provided the majority of the care and day to day parenting.
2. To the extent that judges favor anyone, they still seem to generally favor the mom, especially the stay-at-home mom, because she is usually the primary caregiver. Whether or not you are working is irrelevant.
3. You don't have to leave this decision totally up to a judge. Most divorce agreements are negotiated and never get to court. Your husband may be all bark and no bite once you actually file for divorce.
4. It is not impossible to move out of state, but the courts consider it to be important that both parents have access to the child and that the child continues to have a close relationship with both. The judge considers what is in the child's best interests, and may not find that moving out of state is in the child's best interest.
5. You should find a lawyer who practices family law in your county, since divorces are heard by county courts, and the specifics of family law vary from county to county. Interview 2 or 3. Most will give you a free 30 - 45 minute consultation, and you can ask them all of these questions. To find referrals, you can try www.findlaw.com as a resource or Google the Illinois bar association website. Your county may also have a bar association with a website.
Good luck.
T.