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Can a step parent keep children from their biological mother?

Belleville, IL |

My childrens father and I were fighting in court over visitation. He was granted sole custody but I was still allowed my visitation and phone calls. I was in a bad car accident that resulted in me going to prison for 4.5 months. Due to the fact of me going away another court date was postponed. I came home 10/4/13 to find out their father was in a horrible motorcycle accident on 9/29/13 and he passed away from his injuries on 10/06/13. Their stepmom will not let me see or speak to my children and just had an emergency OP served to me on 11/14/13 that I will be going to court for on 11/21/13 in Madison county. Can this woman legally keep me from my children?

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Attorney answers 4


You need legal representation immediately. You need to defend the OP and you need to get your children. She most likely may be using the OP to try to keep you from you children. They belong with their mother not step mother. You should get to a lawyer today. In the meantime a relative like your parents or sibling should seek guardianship as an emergency in court. This is very complicated. Be sure to get a lawyer or you could lose your kids.

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You definitely need to fight the OP action. Please hire an attorney to help you. Having an attorney there may cost money but will be more than worth it due to the support and experience the attorney brings to the table. Also, the cost will be trivial compared to the value of having your kids available to you.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.


You need to hire an attorney immediately to set a plan. Don not try this alone. Hire counsel.


You need an attorney TODAY. Now is not the time to ponder on-line "what if" questions about the law. Now is the time for action. Hire a lawyer and get going, TODAY!

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