Husband Took Child Out of State

[Dogmatique]

Though the child was not taken unlawfully, if the father has denied the mother any access at all to her child for 8 months, there is clearly an element of BAD FAITH that may easily negate any status quo the father gained as a result of this.

And cause for the court to order the child immediately returned to IL and to the custody of the mother, and possibly temporary orders severely restricting the father's right of possession and access to this child.

In this kind of situation, a parent left behind from an absconded child really has no recourse at law other than to invoke a courts jurisdiction by filing for divorce and custody, which for most folks is not a trivial matter. This may certainly mitigate a delay in taking such action and any jurisdictional issues.

In this instance, if the father has refused the mother access to her child for eight months, a good attorney on her side can make all the difference in the world on how this custody matter is resolved.

An aggressive attorney most likely would have already lit a fire under this case by moving for an emergency custody hearing. And if successful, promptly having dad ordered to pay child support.

Much will depend on exactly what Mom has done about it.

If she's sat on it for months, there's no cause for an emergency hearing. Mom will have basically "okayed" the whole thing.

That is the reality.

[LostMother]

I haven't sat on it for months he is taking forever to get back to me about it.

- - - Updated - - -

he has asked for extentions. and is trying to get it thrown out of court.

[Dogmatique]

And since then what have you done to go and get your child?

[LostMother]

I have talked with attorney's about filing a response. I am lost at this point I don't know which way is up and I can not get anyone to give me any answers. I have done all I know possible to do at this point in time. I work a part time job at mcdonalds and I have been saving up money to get a good lawyer I just done know what I need to do next. If I had the means to go get her myself but my husband refuses to give me his real address and every time we talk he just wants to tell me how bad of a mother I am. He will send pictures and videos to family and friends but none ever to me. My daughter is living in Minnesota some where and I am not ever sure where. Please Help.

[Dogmatique]

At this point I have to disagree with Tex somewhat.

You have to be able to show the court that you've tried - and I mean really tried - to locate the kids.

[LostMother]

I have tried to locate my daughter and I can prove that in court. Will that help my case?

[Dogmatique]

Hopefully, yes.