I have recently sent my children to stay with their father for a few months. He and his girlfriend has decided to cut all communication off after the kids have been out there for a week. They are claiming that since I gave temporary guardianship (due to being able to get the kids enrolled in school and getting benefits while they are there) for 3 months, that I have basically given them up to him and her. Is this true? Do they have the right to cut off communication? Up until now, I have been their only sole provider. Thier father have not been in the picture much, nor provided anything at all for them. His girlfriend is just that, his girlfriend. There are no court orders, just a piece of paper that both people signed. I live in IL and he lives in NV.
Child Custody Lawyer
The short answer to both questions is "no." It is not parental kidnapping, and no, they can't do this. Assuming the two of you were never married, and assuming the children have lived with you in Illinois for the six months prior to the father taking the children, then Illinois will maintain jurisdiction over the children. Guardianships are, by their very nature, temporary custodial arrangements. Typically, if you don't have any other court orders in place, then you can terminate the guardianship at will and demand the children's return. You will want to hire two attorneys soon: one in Illinois to pursue the custody orders there, and one here to help coordinate with the Nevada courts as the father will probably file an action here to retain custody. It's not going to be pretty, but it should be fairly straight forward. Good luck.