Pekin, IL asked in Domestic Violence, Family Law and Criminal Law for Illinois

Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she misses her friends but I don’t think it’s in her best interest, her she’s getting to be a kid again, what do I do, we have joint custody but I know if she goes back down there her mom will keep her and we won’t get her back. She’s supposed to leave to go there Friday but I’m very hesitant. I need help with a lawyer so I can get full custody so I know she can’t take her from a safe and stable home. Please help us. 309-620-0150 my name is Joshua Flowers my Daughters name is Isabella Flowers. Her mother seen several messages from the step father to my daughter saying he felt like he’s married to her as well and wanted my daughter to come cuddle with him in bed at 1am and 2am while the mother work

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

A: Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the mom knew nothing about it, it's not her fault and the judge is likely to let a 15 year old decide where to live if the abuser is out of the home. A lawyer will ask for several thousand dollars. Keep your money unless you fit the exception I posed here.

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