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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29986
Experience:  Attorney with experience in family law.
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I live in Illinois and my daughter is 17 and does not want

Customer Question

I live in Illinois and my daughter is 17 and does not want to live with her mother who resides in Missouri. does there need to be a hearing to get this in place or can she just move over with me without any consequences?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

The age of majority in both Missouri and Illinois is 18. A child does not have an absolute legal right to choose where to live until their 18th birthday. If you have an existing court order that gives the mother primary custody, it has to be changed, or you could be held in contempt of court. This is true even though your daughter wants to live with you - court orders have to be followed until they're changed. The mother could actually have you charged with child abduction if you kept your daughter in violation of an existing court order. 720 ILCS 5/10-5.

Now, because your daughter is 17, when you go back to court, there's a high probability the judge will rule in your favor, so the other option is to see if the mother will agree to let your daughter move in with you to save everyone the trouble of going back to court. If you can get that agreement - even in a text or an email - that would be enough to protect you if the mother changes her mind later. The motion to modify would need to be entered in whichever state entered the original court order.

If there isn't a court order, you have to get one, or you could still be charged under the above statute. Child abduction applies to all minors under the age of 18, even if they go willingly with a non-custodial parent.

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Customer: replied 1 year ago.
are located in Illinois? I would like to start this process. My daughter is in a volatile environment and i have even her mothers family to corroborate.
Expert:  Lucy, Esq. replied 1 year ago.

We're unfortunately not able to represent customers. The Illinois State Bar Association has a service that can help you find someone in your area.

If she's in danger, you can seek an immediate emergency order to help ensure that she's safe until the final hearing.

Expert:  Lucy, Esq. replied 1 year ago.

Do you have any more questions about this?