My Ex-Husband Has Fled Illinois with My Child. What Should I Do?

 Posted on May 17, 2023 in Child Custody / Allocation of Parental Responsibilities

If you are a parent who is experiencing a situation where your ex-husband has fled the state with your child, it can be a devastating and emotionally tumultuous experience. However, it is essential to know that in this kind of situation, you have legal options available to ensure that you are able to reunite with your child and regain your rights to custody and visitation. During this frightening time, contact a family law attorney to learn more about your potential legal course of action during this time.

Here is What You Should Do Right Now

The first step you should take is to contact law enforcement as soon as possible. By reporting your ex-husband’s actions to the police, you can initiate a search for your child and file a missing child report. You should provide law enforcement with as much information as possible, including your child’s name, age, physical description, and any unique information that could help locate them. The police will then enter your child’s information into the National Crime Information Center (NCIC), which will alert law enforcement agencies nationwide.

Then, contact an experienced family law attorney as soon as possible to discuss what else you can do legally. Your attorney also is able to explain your custody and visitation rights under Illinois law and can help guide you through the process of getting your child back. They may also be able to work with law enforcement agencies to locate your child and bring them back to Illinois.

If your ex-husband has taken your child out of state without your consent, he may be subject to state charges under the Uniform Child Custody Jurisdiction and Enforcement Act. This law requires that any child custody orders issued by a court must be followed and enforced in all states, regardless of where the original order was issued. In addition, if you have a custody order in place and you believe your child may be in danger by your ex-husband, you can petition the court for a writ of habeas corpus, which requires your ex-husband to produce your child to the court or law enforcement. This remedy can be expensive but may sometimes be necessary for bringing your child back.

Contact a DuPage County Family Law Attorney

To navigate this frightening situation involving your ex-husband and child, contact the experienced Naperville, IL family lawyers with Calabrese Associates, P.C.. Call 630-393-3111 for a private consultation.

Source - https://www.ojp.gov/library/publications/uniform-child-custody-jurisdiction-and-enforcement-act