Legal Question in Family Law in Illinois

I live in Illinois, last October my estranged wife (no legal proceedings have taken place yet like legal seperation or filing for divorce) moved out of state with my child with a verbal agreement that I would be able to come get her within 6 months. It has been 8 months and my wife is refusing me a turn with custody of our daughter. Do I have grounds for pressing kidnapping charges? Or what legal actions can I take against her

Asked on 6/13/13, 12:35 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

You made a terrible error. You and you wife have equal rights to custody of the child so her taking the child is not kidnapping. If the child has lived in another state for 6 months they have a very strong argument that Illinois courts no longer have jurisdiction over the child. The state court system where she lives now has the power to deal with her custody. You might be able to argue that she committed a fraud,l but she will deny there was any such agreement. Children are not chattel that pass back and forth at a parent's whim. The law seeks stability for the child, and not shuttling back and forth between parent when they live so far apart.

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Answered on 6/13/13, 1:11 pm

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