Asked in Child Custody for Illinois

Q: My husband took our children from my mothers and refuses to give them back to me. Is there anything I can do?

I am military and in the process of moving to a new location. I would like to take my children with me since their father does not work or have any support besides my income. I’m not sure if we can come up with a custody agreement or if I have to wait until I file for divorce?

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

A: Here is a sample parenting plan.

http://www.illinoiscourts.gov/Forms/approved/divorce/Divorce_with_Children_Parenting_Plan.pdf

It makes sense to come to an agreement on this.

Depending on how long the children have lived where they live and their ages, the court may decide they are better off staying where they are.

His not working or able to support also comes into play.

This is not a science. It is always best to come to an agreement rather than have the court decided.

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