Do I have the legal right to go to another state, get my daughter and leave the state with her, since I am the custodial parent?

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Do I have the legal right to go to another state, get my daughter and leave the state with her, since I am the custodial parent?

About 2 years ago, the mother of my child and I broke up. She moved to another state while our daughter lived with me. I filed for full custody of my 4 year old daughter and it was granted. Later that year we got back together and we all moved to the state of the mother’s residence. Recently I had to leave for an emergency and the mother and I have broken up again. It has been 2 months. She will not let me see or speak to my daughter. Also, the mother is addicted to meth and I’m worried about my daughter.

Asked on December 18, 2012 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a recent court order allowing you full custody of the monor child you cannot legally go to the state where the child is located and transport her across state lines. From what you have written you will need police assistance to literally have your child handed to you. I suggest that you consult with a family law attorney about how the handle the situation.


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