Chicago, IL asked in Child Custody and Child Support for Illinois

Q: Can a mother take her child (2 1/2) from the custodial father just to get child support when he’s had her for a year?

The mother of the child has often threatened to take their daughter, and has done so for short periods, when she is angry with the father. The father lives with his parents, and his mother babysits when he’s working. The mother is agreeable with this situation. The mother rarely takes their daughter, only spending time with her occasionally when she stops by to drop off supplies. She has been using the situation to try to keep a connection with the father. But when she doesn’t get what she wants, she takes their daughter.

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1 Lawyer Answer
Robert B. Buchanan
Robert B. Buchanan
  • Divorce Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Yes, she can, unless there is a court order.

The father could file a custody case and file a motion to maintain the status quo. If the motion is granted there will be a court order establishing the current schedule and saying that mother cannot do whatever she wants.

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