Legal Question in Family Law in Illinois

I have a daughter that is not quite two years old I have been married to her mother during this time. We recently have split up and she took my daughter with her we have not filed for divorce or a seperation at this time. i have been getting my daughter during this period half of the time. Recently I have found out that my wife has been living with my daughter in an unsavory situation. Am I allowed by law to keep my daughter with me instead of returning her to her Mother after my next visitation period. I live with my parents and my daughter has lived there with us sinc she was born.


Asked on 7/12/11, 3:39 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Technically there is no court order giving you or your wife custody or possession of the child, so you could keep her. However courts do not like self help. It is best to file a dissolution action and ask a court for emergency relief.

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Answered on 7/12/11, 4:02 pm
David Gotzh Law Office of David Gotzh

Jonathan hit the nail on the head, get the court to back your position by asking permission. Self-help, while legal, generally backfires on the parent when the issue goes to court. Fight smart.

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Answered on 7/12/11, 4:08 pm


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