Cuba, IL asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois

Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her family's house and sleeping on the floor.

-she took them from Illinois to Michigan

-Any attempts for help from the police have been shut down. (They can't do anything without paperwork)

-she has even admitted that she can't take care of them, told husband that he could come get them. Drove to Detroit and she refused to even let him see them.

-they've been in Illinois their entire lives, have fathers last name.

-Husband filed for divorce late June, but doesn't know if she has received it.

He doesn't know how to get those kids out of the situation.

2 Lawyer Answers
Cheryl Powell
Cheryl Powell
  • Criminal Law Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi should be contacted if she cannot care for the children.

However, he should talk to his lawyer, because if he complains about her care of the children but left them in her care anyway, that could be a problem for him as well.

This is a complicated situation. He needs a lawyer if he does not have one.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
  • Domestic Violence Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: Father needs to speak with his Family Law attorney right away about everything that is going on. The sooner he does this, the better.

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