Legal Question in Family Law in Illinois

My husband's son was parentally kidnapped by his mother 3 years ago. She was found in California a month ago sleeping on the street with their son and was taken into custody. The child was placed in foster care and it looks like the mother will be criminally charged.

The social workers and her attorney are demanding that my husband go out to California for an undetermined amount of time to "get to know" his son again and are refusing to give him back until my husband goes out there. He cannot do this because of his job and our lack of extra funds.

They are also harrassing my husband at work and being extremely unpleasant. He wants his son back, but it is just not feasible for him to go out to CA for weeks or months. We do have a lawyer, but both the mother's attorney and the social workers are refusing to speak with him on my husband's behalf. What should we do? Are they allowed to hold a biological father's child in foster care when there is a safe environment for the child?


Asked on 3/15/13, 12:49 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

You have a lawyer. Do you know if he has conferred with a lawyer in CA? Is there a cass pending in CA? If there is Dad needs to go through the courts there.

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Answered on 3/15/13, 1:41 pm


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