Asked in Family Law and Child Custody for Illinois

Q: What is the statue limitations on parental kidnapping?

My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of the law that said unmarried couples by default the mother has sole physical custody of the child until the father shows proof of paternity basically and just because you sign the birth certificate does not necessarily mean that’s a paternity and there was no court order saying that he had paternity or even had any rights. This case has been going on for five years.

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.

Your situation can be resolved by filing a Petition for Allocation of Parental Responsibilities and Parenting Time.

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