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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


  1. 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.


  2. 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.


  3. 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.


  4. 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.

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