Legal Question in Family Law in Illinois
Custody
My husband three years ago allowed his ex gf to take his son out of state to live with her.They have joint custody and they both signed a mutual agreement for this to be temporary if the child wants to come back. Child is 7 now. child has told his mother he wants to be with his dad. Now that he is there she says no. he has been in three schools and lived in four diff places. She now can not afford to fly him home when he visits us in illinois. Is it possible we would have a chance for him to live with us if we went to court. in the third year of him being there she finally took him to see a endocronoligist for his diabetes. They have no family there where as both sides of the family reside here. She cuts our visitation short at her convienance. I have had a journal for 4 years of things gone wrong with him in her care. There is so much that she does not get involved in. she has asked us to discipline him. He was in trouble at school and she did not go to school as she said she did not want to be whining mom to find out. Please help
1 Answer from Attorneys
Re: Custody
Unfortunately, since the child has lived in the other state for more than 6 months, you must litigate custody in the state where the child lives. Good luck.