Legal Question in Family Law in Illinois

If my ex leaves my kids with her parents to take care of them do I have the right to take my kids without the courts?


Asked on 5/31/12, 3:54 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Generally No but it depends upon what the circumstances are and whether she has sole custody or not. If she has residential custody and goes out for the evening, the answer is clearly No. If she's been incarcerated for an extended period of time and you have joint custody, then possibly Yes depending on the Judgment. If she has disappeared or moved out of state and left the kids with her parents then the answer is probably yes. However, to protect yourself from criminal charges, it is always better to go back into court, explain the situation to the Judge and get an order giving yourself at least temporary custody and possession of the children. You do not have the right to just show up at the grandparents and snatch the kids.

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Answered on 5/31/12, 4:02 pm


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