Legal Question in Family Law in Illinois

Parents have not been living together for 10 days. Father has been the caregiver of kids age 6-13 as the mother left. Mother is threatening to take the kids now & she has been neglectful for over 2 years. The oldest two have voiced their preference to stay with their father. There has been no court appearance/order. Can the mother take the children/does the father have to give them to her?


Asked on 9/14/11, 8:01 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Realize that a family law court will decide cases such as those described in the best interests of the children. Judges will listen to children express their preferences and will appoint a child advocate or psychologist to assess the best interests of the child. Based on your description of the situation, the father clearly may assert his custodial rights to the children. Petition the Court for residential custody; Request a hearing from the court.

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Answered on 9/14/11, 8:08 am


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