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?


Asked on 1/29/10, 7:06 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

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.

Read more
Answered on 2/04/10, 8:58 am
John Steele Steele Law Firm

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.

Read more
Answered on 2/04/10, 11:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois