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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My son (24) was living with Fiancee they have a two year old

Resolved Question:

My son (24) was living with Fiancee they have a two year old daughter. His fiancee was having an affair and moved out with baby to a town three hours away. He is on the birth certificate as father. Can he get temporary custody till a court order with visitation and how far away she is allowed to be is established. They are from Dupage County Illinois.
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

Yes, your son may be able to get temporary custody/visitation.

He simply needs to file a Petition for determination of custody with the court where the child is presently located. It would be to his benefit to have an attorney represent him as well. The issue of where she can live is moot at this point--as she already moved and he didn't IMMEDIATELY file suit and claim that she has stolen the child. She'll likely get to live right where she is.

I wish you the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


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