Niles, IL asked in Divorce, Family Law and Child Custody for Illinois

Q: Do I have to make my son go with his dad?

My husband filed for divorce, he is demanding to take our 13 year old son out if state for 5 days. Our son does not want to go, he us afraid his father won't bring him back. Do I have to force my son to go or can be say no? There is no parenting plan or court orders in place. We have not seen a judge yet.

5 Lawyer Answers
Cheryl Powell
Cheryl Powell
Answered
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: It depends on what the papers say if there r any. If no court orders, talk to your lawyer. You have to decide if it is worth the cost of the lawyer to fight over this.

Ray Choudhry
Ray Choudhry
Answered
  • Divorce Lawyer
  • Moline, IL
  • Licensed in Illinois

A: You say a case has been filed.

It can be used to get a temporary court order giving him the right to take the child out of state and return the child to you.

Without that it's entirely possible that your fears may be realized and he could keep the child and get an upper hand.

See a lawyer about your options.

Dennis Delman
Dennis Delman
Answered
  • Divorce Lawyer
  • Skokie, IL
  • Licensed in Illinois

A: If it is the dad's scheduled court order visitation,and there is no reasonable justification that dad will act inappropriately, it is your duty to foster a good relationship and encourage visitation. However, if you REASONABLY believe your so may be in harms way,of course not

1 user found this answer helpful

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Divorce Lawyer
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Because no case has been filed and no visitation Orders have been entered, you and your son (along with your husband) may do as you wish. All three of you have the same rights as you would have in a happy marriage.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Divorce Lawyer
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Because no visitation Orders have been entered, you and your son (along with your husband) may do as you wish. All three of you have the same rights as you would have in a happy marriage.

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