Legal Question in Family Law in Illinois

I have 50/50 custody of my son, we are about to go for a change of residential custody. He doesn't want to go back to her house. If when I go to take him back to her house she is behaving again in a way that scares him and he doesn't want to go with her what legal rights do I have to just bring him back home with me?

Asked on 6/12/12, 12:03 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.
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Until there is a court order, you have no right to keep your son. However if she is acting in a way that you believe endangers your son, then an emergency motion can be presented.

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Answered on 6/12/12, 2:21 pm

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