Delavan, IL asked in Family Law and Child Custody for Illinois

Q: Do I have to send my 15 year old back to California if she doesn’t want to go? We live in IL and she wants to stay.

Her mom currently has an open case in California where she has joint custody of Lilli but he is the primary. Lilli wants to live here in Illinois with us now and her father is demanding she return even though she doesn’t want to go back. He’s told her multiple times she could live here and wouldn’t fight it but when the time comes he makes a scene. Any help is appreciated . Thanks!

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1 Lawyer Answer
George W. Svoboda
George W. Svoboda
Answered
  • Grayslake, IL
  • Licensed in Illinois

A: You don't state what your relationship is to this child. Her parents have legal custody. They have a right to have her returned to them in California. Lilli is not old enough to be declared an emancipated minor in IL. If you don't comply with the parents' wishes, they could sue you for tortious interference with a parental or custodial relationship.

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