QUESTION
How do I get her back after the father of my child took my daughter for visitation & refuses to return her?
Asked on Jun 11th, 2013 on Child Custody - Illinois
More details to this question:
I took my daughter and moved to Ohio. The father of my child lives in Illinois. The father of my child doesn't pay child support and we have no custody agreements. We were never married. I have the state food stamps and medical for me and my daughter. The father of my child drove up to Ohio to pick up my daughter to have her for 2 weeks to visit. Now he refuses to return her, says he is keeping her and that he has put her into day care now. She is 2 years old. How do I get her back? This is not right! I take care of her and she is supposed to be with me. He is only supposed to get weekends. I only agreed to let him have her for two weeks since I just moved to Ohio. He is trying to keep her from me because he doesn't want her being out in Ohio. He has never paid any child support or helped out.
2 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
You have the right to get your daughter back. You need to schedule a consultation with a skilled family law attorney nearby where you live ASAP. Such an attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete proper legal advice you need (& possibly a quote to represent you). Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your, & your daughter's, legal rights.
Answered on Jun 17th, 2013 at 9:34 AM
It is unclear whether there has ever been a judicial or administrative proceeding filed in this matter. Is father on the birth certificate? Has he signed a Voluntary Acknowledgment of Paternity(VAP)? Is there a order granting you custody of the child? If he has not signed a VAP and there is no court order declaring him to be Dad, then he is not legally Dad. He has no right to possession or custody of the child unless he is legally declared to be Dad. If you moved to Ohio more than 6 months ago, then Ohio has jurisdiction over your kid. You need to come back to IL and file an emergency motion with the court seeking entry of an order for turnover of the child.
Answered on Jun 13th, 2013 at 12:10 AM