Legal Question in Family Law in Illinois

Can she do this?

My girlfriend went to visit her mom in Texas and while she has been down there I have found someone else and told her it was over. She has our two yr old son and I was just wanting to know is there anyway I can get her in trouble for leaving the state with him and how can I get him back? One more thing I wanted to know is can she get in trouble for not telling me where her and my son reside? I've also got some felonies on my record for domestic violence, I had two counts of domestic violence on me from two people. Do I have a chance of getting him with a record like this? She's never been in trouble and has also had the baby most of his life. Please help. Thank you.


Asked on 1/08/06, 12:01 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Can she do this?

YES---

1. Forget about getting custody of your child. Not only will the felonies be major hurdles but even if you did not have these on your record the chances of getting custody is slim to none. The reason is that most every judge including the law has a bias towards the mom. This means that in the early years of the childs life it is believed that the child best interest is to be with the mom---if there is no major hurdles in the moms life.

2. Your girlfriend was under no court order not to leave the state and therefore there is nothing you can do to prevent her from leaving the state. In addition with you have felonies for domestic battery she would have a very good argument against telling you where she and the child are.

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Answered on 1/08/06, 2:28 pm


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