Legal Question in Family Law in Illinois
I have two children, who were born in Illinois. Last July I let them go to their fathers in Florida. I want to go get them and he is giving me trouble about it, he will not let them speak to me on the phone either, he wants child support from me . I tried to go through public aid to get child support from him while I had them but he went into hiding...anyhow, my question is how can i get them back without a problem?
2 Answers from Attorneys
You can't. Your decision to let them go to him in Florida without a court order providing for it means you set yourself up for this problem. You indicate you "tried" to get child support. Was there ever a court order entered granting you custody. Is there a court ordered visitation schedule. Your voluntary act of sending them to Florida now makes Florida the home state for the purposes of a child custody case, You now have to hire an attorney in Florida to get the kids.
You can't. You will have to fight. I do not agree with the other answer that you would have to get a florida attorney as I would argue you only intended a temporary visit by the children to Florida, and never intended to permanently move them. You need to act FAST, every day they are in Florida makes it harder for you.
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