Due to my child not knowing me and he's 9 last seen him when he was 2. I feel like i will lose the emergency custody motion I filed . I filed due to being denied visitation since my release from prison. What if I cannot find mother to serve and bring fourth to court hearing to discuss issue? Can anything Be changed with other party not served? Is this kidnapping?
how is your not seeing the child in 7 years, during which you were in prison, an emergency? i doubt it is. maybe the judge will decide it is not an emergency and set it down for later hearing.
if you and mom were not married to each other, you have to prove that the visits are in the best interest of the child. that may be difficult to do.
if there is no court order now for your visits, mom did nothing wrong in not giving you any. you are only legally entitled to whatever visits are in a court order.
no,. nothing can be changed with the other party not served.
no, it is not kidnapping.
here is an idea, why not hire a custody lawyer to help you?
First of all, we no longer use the word custody in Illinois. If we did, not likely you would get it. First step is to locate mom. After you do, then you need to contact an attorney who can review the facts and advise you. That may mean an attorney other than one in Illinois. And no, it is not kidnapping.
I agree with the other answers. Our whole justice system is based on notice and opportunity to be heard. You need proper representation. This situation is not a DIY project. if there is an order for supervised parenting time then I presume she was in court at some point. As it is unlikely that a Judge will see this as an emergency, you can file a motion that only needs to be mailed, not served. I urge you to consult with several experienced family law attorneys and choose the one you like best to represent you.
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