Legal Question in Family Law in Illinois
My exwife has custody of our son. We live in Illinois and she took a job in CA and left our son with her mother. Can I refuse to take him back to his grandmothers house since his mother isn't here?
2 Answers from Attorneys
Self-help is never a good idea. Your ex-wife did the proper thing by not taking the child out of state without a court order. You do not have the right to keep the child unless you have a court order that allows you to do so. You need to file a Petition seeking custody immediately.
If the ex currently has custody, you need to file a Petition with the court to change custody. If the ex is permanently left the state for a job, she will either have to give up the child to you, come back to IL, or successfully Petition the court to be allowed to move the child to CA.