My girlfriend left the state with our child without my consent. What can I do?

Asked over 3 years ago - Aurora, IL

My girlfriends mom came and took my girlfriend and our child to Texas with her without my consent. She just showed up when I was at work one day and packed the car up and took them. I didn't find out until they were already on the way. The reason the mom did this was because her side of the family was being mean and kicked her out. We were on good terms. When I told her mom that she should have included me in on this she said "I made the decision that my daughter could not." The daughter is 21 years old. While I was talking to her she said "I had no choice." But she willfully got in the car with her mom. My girlfriend wont return with the kid. How long would it take to go through the courts? Can I file a restraining order on the behalf of the child for taking my child to Texas?

Attorney answers (2)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    Answered . You need to be in court yesterday. Talk to an attorney TODAY. Do not sit on your rights, otherwise you will lose them. This is a very complicated area of law, handling it on your own will not end well. If you can't afford an attorney, contact Prairie State Legal Services or your county bar association.

    Again, do not sit on this.

  2. Ned C Khan

    Contributor Level 6

    Answered . You can file Petitions immediately to have the child brought back to Illinois and for Custody of your daughter. This is a complicated matter however because there is another State involved. You should act right away however, I assume your child has lived the past 6 months in Illinois, if that is correct, Illinois is most likely the appropriate jurisdiction for this case to be heard. If you wait, that could change and Texas could become the child's "home state". In any event you will need the assistance of an attorney immediately and should contact one with experience in interstate custody cases.

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