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3 Bumps

Custody battle please help

my boyfriend and i split up in june of 2010. but i continued to live with him until aug or sept so i could be with my kids and i really had no place else to go. however i have been living in a town thats 45 min away from my kids i was driving to see them everyday to watch them in the morning while there dad was at work then i would leave and go home. however now i haven't had much gas to drive there to see them and only see them about twice a week. (my kids are 3 and 15months) me and there dad had an aggreement that the kids would stay with him until i had someplace where they could be. (place i'm at now isn't good bad neighborhood and so forth) so now i am planning on moving back into my mothers house to save more money and my kids were going to come with me. he told me the other day i could not see my kids and i could not come to get them. we have no written custody agreement or any paperwork from court or anything about the kids since we were never married and we just verbally agreed on stuff because it was easier. now i'm afraid he is going to take my kids away and that i wont be able to see them. i am speaking with a lawyer i've known later today about this i want full custody of my children with him being able to see them on the weekend. there are so many things wrong with my kids being at his house its extremely messing they live like hoarders theres silver fish in the basement were they mainly live the cat pees and shits where ever it wants and there is mold in the bathroom. plus their father never wakes up when the kids do and the oldest gets into stuff or wanders around the house by himself and could very easily go outside. i want to take my kids this weekend and go to my moms but i'm afraid if i do it will be considered kidnapping. i live in illinois if someone could help me with this it would be great. thank you

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Malibu1979

Asked by Malibu1979 at 11:10 AM on Feb. 4, 2011 in General Parenting

Level 3 (9 Credits)
Answers (4)
  • I'd ask the lawyer but if there is no custody orders I don't think it is considered kidnapping.
    MrsMWF

    Answer by MrsMWF at 11:13 AM on Feb. 4, 2011

  • The lawyer will be able to tell you what the options are; frankly your "they are living in a bad place" argument isn't going to hold much weight because they have been living there with your approval.
    Scuba

    Answer by Scuba at 11:15 AM on Feb. 4, 2011

  • Since there is no order in place get to the Courthouse *TODAY*(in the county where the children reside provided it's open with this weather) and file an Emergency Custody Order(Ex Parte order). In most places it will be granted anywhere from a few hours to a few days, and give you immediate legal custody of the children. Your ex will have to hand them over and you will retain custody unti there is a proper hearing. Once they are in your legal custody the chances of your ex having that changed becomes very slim.

    Beg, borrow, or pawn something to get the money if you have to...just get it done.
    desert_diva

    Answer by desert_diva at 12:07 PM on Feb. 4, 2011

  • I would certainly ask if I can take the children over state lines if dad won't give permission. Laws are different for each state. Your attorney will help you with all of this.
    admckenzie

    Answer by admckenzie at 5:31 PM on Feb. 4, 2011

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