What are my legal rights regarding custody during an informal separation?

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What are my legal rights regarding custody during an informal separation?

I am separated from my wife, who I have 2 children with. She has them but is on the verge of eviction but wont let them come live with me. In fact, it’s a battle to get them every other weekend. I want the kids to live with me since I work and can provide them with a stable home. Can I just take them since we are still legally married? If not, how can I go about getting them to reside with me?

Asked on July 28, 2012 under Family Law, Illinois

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 11 years ago | Contributor

My advice is to file ana ctual proceeding for dissolution of your marriage and ask for custody.  Seek an attorney who you feel confident with.  There are statutes whuch proibit the conduct that you are now experincing> 


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