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Jul 05
2009
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Ask a Lawyer: My wife left me and took our child. What rights to I have to see him or get custody?Posted by: Dads Divorce on Jul 5, 2009 Tagged in: Visitation , residence , Parenting , move , IL , custody , custody , custody , child , Ask A Lawyer , abandonment
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Question:
My wife took my son away without any discussion. What rights do I as a father have to my son? I can better provide for him and live at our residence. I do not want to lose my son and want to see him as much as possible. Why is it ok for the mother to take the son away when there is no violence or danger in the home? What about the rights of a very loving father? I am upset about this and want my son back, any help would be appreciated.
Answer:
I am not licensed in Illinois and therefore cannot answer your question specifically to the laws of that State. Your wife has no more rights to take your child that you do to take the child from her. She can of course move out of the marital residence, but you can pick your son up from school, go see him etc. However, you do not want to offset her bad actions by committing the same mistakes she is currently making. I suggest you retain an attorney, file for divorce and seek a temporary hearing on custody. Your wife's bad acts by keeping your child away from you can be used against her to show that she is not a good co-parent. Co-parenting is a large factor in many custody determinations.
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written by Erik Stone, January 30, 2010
Does your wife have the right to move to another country if she is pregnant with your child?
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