Child Custody Legal Steps

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Summary

In Illinois, both parents have equal rights without a court order. The mother can file a Petition for Allocation of Parental Responsibilities and request emergency relief if the childs welfare is in danger. Consulting a family law attorney is advisable to avoid complications.

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Lindsey
Hello Lindsey, I'm here to provide you with legal information. Could you please tell me about your legal issue and which state or country you're located in?
I’m in Illinois. My sister and her husband are married but been separated for over a year. She dropped her daughter off at her dad’s for one day and now he won’t give her back. Has kept her for * weeks. Won’t tell her how she is, won’t let her talk to her or anything. Nothing is filed & there’s no court order. Police won’t do anything. What can she do?? She’s only 2 years old
In Illinois, the mother can take legal actions:
- File a Petition for Allocation of Parental Responsibilities.
- Request emergency relief if the child's welfare is in danger.
- Consult a family law attorney.
It's important to gather evidence proving her concern for the child's wellbeing.
If the dad drops her off at a babysitter, can my sister legally pick her up?
Without a court order, both parents have equal rights. If your sister picks up her child, it's not considered kidnapping. However, it might escalate the situation. It's best she consults a family law attorney to avoid further complications.
Thank you
You're welcome, Lindsey! If you or your sister have any more questions or need further clarification, don't hesitate to ask. Legal matters can be complex, but I'm here to provide as much clarity as I can.