QUESTION

Does a father have a right to take child if mother goes to jail?

Asked on Oct 31st, 2016 on Child Custody - Illinois
More details to this question:
Mother is living with her children at her grandparent’s. Mother gets arrested and charged with serious crime and goes to jail. Father of child gets child, then the cops came and took child to his mother’s grandparents saying the father had no right to have the child and say that he must go to the grandparents. Father does pay child support and has visitation rights with the child. How does he gets his son back?
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1 ANSWER

Cops are not judges. Dad should file an emergency motion with the court for temporary possession of the child based upon the incarceration of Mom.
Answered on Dec 05th, 2016 at 4:37 PM

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