Legal Question in Family Law in Illinois
My ex is going on vacation and wants to leave my daughter with her mother for the week even though i want her with me we have joint custody should i get her or can she keep her from me
1 Answer from Attorneys
Assuming there are no other reasons why your ex would deny you having your daughter for the week, your daughter belongs with you. By refusing to allow you to have her during this time, your ex risks losing joint and residential custody. That is not a forgone conclusion, however. If there is time, you may need to file an emergency pettion with the court asking that your ex be ordered to turnover your daughter before she leaves town. Prior to doing that, however, you should thoroughly read your joint parenting agreement to see if it addresses the issue of what is to be done with the child during either parent's vacation time and who is the preferred babysitter when the residential parent cannot be with the child.