What to do if my wife abandoned me and took my kids?

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What to do if my wife abandoned me and took my kids?

It’s now been 36 days. She hasn’t let me see my 2 children, ages 1 and 3. All she does say to me is that she’ll think about letting me see them but then never contacts me.

Asked on December 25, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It seems that your wife is playing games and using your children as pawns in the process.  As a parent, she has the right to take the kids.  To place restrictions on her rights, you need to file for divorce combined with a custody suit.  Once you file, you can request the court to either grant you custody or to impose regular periods of visitation which allow you access to the children.  You can also ask the court for extended periods of time to make up for the 36 day absence from your kids.  You can try to file on your own, but it would be better if you can get a family law attorney (or family law clinic) to help you.  They will be able to get you a hearing in front of the judge more quickly so that you can begin reinitiating contact with your children as soon as possible.


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