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My daughters been gone for 5 weeks

Chicago, IL |
Filed under: Family law

daughter been gone for 5 weeks Ive had her 2 year old son sense she left , now she tells me she wants him back on the 25 of February is there any way I can stop her from taken him

Attorney Answers 4

Posted

immediately file a petition for guardianship with the cook county court. there may be forms in the courthouse. if you cannot do this yourself, get a lawyer tomorrow.

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2 comments

Judy A. Goldstein

Judy A. Goldstein

Posted

If daughter returns before guardianship (even temporary) is granted, she will be entitled to take the child. Police will side with her too.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

i agree. that is why i said do it immediately.

Posted

Your daughter is entitled to take her child. Has she left him before? Did you know where she went? If she was gone for a longer period of time, you might have a stronger case but you really cannot prevent your daughter from taking her child.

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Posted

Probably not at this point. However, if you believe she poses a hazard to your grandson (physically, emotionally, etcf), you may want to consider petitioning for custody. But this is a difficult process, and generally, the birth mother will be given due consideration.

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11 comments

Gary L. Schlesinger

Gary L. Schlesinger

Posted

not enough hawaii p.i. questions to answer tonight?

Glenn Tadaomi Honda Jr.

Glenn Tadaomi Honda Jr.

Posted

was in the mood and on a roll, thats all

Judy A. Goldstein

Judy A. Goldstein

Posted

Custody is not an option based upon the facts presented.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

By telling the Asker there is nothing she can do when in Illinois she has standing to file for an emergency guardianship can cause her to lose the child. Illinois attorneys must answer.

Glenn Tadaomi Honda Jr.

Glenn Tadaomi Honda Jr.

Posted

Judy Goldstein is an IL lawyer and says custody is not even an option.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Custody and guardianship are not the same. She has standing for guardianship but must act hastily.

Judy A. Goldstein

Judy A. Goldstein

Posted

Counsel - Please don't bring me into your discussion by twisting the meaning of my response. The only thing you said that was accurate is that I am an IL lawyer.

Glenn Tadaomi Honda Jr.

Glenn Tadaomi Honda Jr.

Posted

You know... Everyone: I was just trying to be helpful to this person whom I thought was distressed. Two attorneys agreed with me. I you disagreed you could have at least been professional and respectful about it. Snarky comments do not serve the purpose of this forum, which is to be helpful to people asking questions, NOT making comments to show to try to demonstrate that you are the best attorney.

Glenn Tadaomi Honda Jr.

Glenn Tadaomi Honda Jr.

Posted

Rest assured that you are all much smarter than I am. But I would remind you that even judges only issue "opinions" which is all I offerred

Judy A. Goldstein

Judy A. Goldstein

Posted

Counselor - You brought me into this conversation. I had not commented about you or your response. gary in his subtle manner asked why you were answering IL specific questions. Peggy reminded you that you left the asker with a feeling of doom. We get it that you were trying to help. Sadly, that was not the effect.

Glenn Tadaomi Honda Jr.

Glenn Tadaomi Honda Jr.

Posted

You are right, of course and you are the better lawyer. All the best to you. You are even correct in supporting snarky answers that serve no purpose

Posted

Go to the courthouse tomorrow and the clerk's office will direct you how to walk in to court as an emergency. You have standing to file for guardianship of your grandson. The judge will ask you questions and most likely grant an emergency order of guardianship to you. Your daughter will not be able to take the child once you have the order. You can also hire a lawyer to go to court with you but do it tomorrow. DO NOT WAIT.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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