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Can you file for custody of a child in Illinois if the child…

Customer Question
Can you file for...

Can you file for custody of a child in Illinois if the child lives in Indiana with the father? The child was born in Illinois.

Lawyer's Assistant: Has anything been filed or reported?

The mother lived in Indiana with the father and was preparing to leave him..they are not married and there is no formal custody agreement. He took the child before she could leave and will not return him. The police will not make him give the child up. An order of protection was served today but they did not notify us when they were serving the papers and claim the child was not on the protection orders.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

This is Indiana and it began on Dec 14th and the papers were served this morning, Dec. 19

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We talked to a lawyer in Indiana yesterday and he said the police should never have allowed the father to take the son since in Indiana the law says the mother has legal custody.

Submitted: 5 months ago.Category: Family Law
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Answered in 8 minutes by:
12/19/2017
Family Lawyer: Lucy, Esq., Lawyer replied 5 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,239
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You're right that Indiana police should not have let him take the child. But Indiana police don't have authority to go pick up a child in Illinois, and Illinois police unfortunately don't need to follow Indiana law. They can require you to get produce a valid court order before assisting you

Indiana has jurisdiction over child custody from the day of birth until he has lived in another state for at least six months. Since the father took the child last week, the mother can still file for a custody order in Indiana. Once she gets the order, she can file it in the Illinois courts to request that it be domesticated. That means it will be converted to an Illinois order. The IL judge cannot change the order -all they can do is make it enforceable in Illinois. At that point, if the father still refuses to relinquish the child, then the mother could call the police and show them the court order.

Taking the child and moving out of state violates child abduction laws in Illinois, because there's no court order giving the father a right to take the child. He also violated child abduction laws in Indiana. You could try calling the police non-emergency number in the area where the father lives and asking them to take a report.

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Family Lawyer: Lucy, Esq., Lawyer replied 5 months ago

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