Legal Question in Family Law in Illinois
my 11yr old son has been living with his father whom has custody, I have shared custody with visitation,which I have not been able to visit due to the fact that the father and the grandparents will not let me see my son nor talk on the phone..... the father is in jail and from there he will be going to prison for what it looks like 10 years at least.......my son is at the grandparents house and what I want to know is can i go get my son and bring him to live with me at my house and not get into any trouble? My son wants to live with me, but his father hates me and wants our son to live with the grandparents while he is in jail/prison.
2 Answers from Attorneys
You need to bring a Petition for Custody before the courts. Just going and getting him is going to create problems. Anytime you are looking to modify custody you should seriously consider getting an attorney. Let me know if you have any other questions.
Self-help in these situations is never a good idea. As Mr. Steele indicated, you need to immediately file a Petition to Modify the custody provisions. It is not a simple procedure. you should consider discussing this with an attorney in person.
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