Skip to main content

What motion do I file for return of my daughter? I live in illinois. DCFS investigation is unfounded and state has no charges

Marion, IL |

I did a lockout as recommended by police and probation,which resulted in a neglect investigation,which has now been unfounded,abnd the states atty has no charges against me either,so dont I get my child back? dcfs wants specialized foster care but they have unfounded my case. nobody will tell me what to file or how to get my daughter back,and dcfs sent me a service plan,requiring all kinds of privacy violations and restrictions,i have not signed it. legal aid said if its unfounded the service plan is void and not to sign,but i need to ask the court to return her to me ,and unless i do the court cant give me what i dont ask for? any suggestions are greatly appreciated

Attorney Answers 3


  1. who has your child and by what legal authority? maybe a petition for a writ of habeas corpus will work. if you locked her out, why do you want her back?

    best to take all your papers to a lawyer.


  2. Here is the best suggestion you could get. Hire a lawyer. You are in way over your head. Second suggestion - do not sign anything without first hiring a lawyer and getting some good advice.


  3. What you need to do is have a motion filed: Motion for Leave to File Appearance as Counsel of Record. The lawyer you hire will file this for you and you really don't have to worry about it. Everything should start to fall into place, then.

Child abuse topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics