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What happens when custodial parents abandons kids in Illinois?

When you are in the midst of a divorce, and children are involved, it can be a sticky situation. Of course, you want to shield your child from negativity and keep their life as normal as possible. Many times, you wonder what would happen to them if something happened to you or your spouse. The state of Illinois has addressed this.

A temporary emergency jurisdiction can take place for your child if your child has been abandoned by your spouse. If your spouse has custody and he or she leaves the children unattended the court can rule that the children must be protected and their best interests must be served.

If your children are displaying signs that they have been abused or neglected or if they even feel like that may be going to happen in the future, you may get a temporary emergency placement for them.

If you are in the middle of setting up custody arrangements for the children and no ruling has been made by the court, a judge can still issue this temporary adjustment if it serves the children well. This type of situation usually arises when the two parents are in different states and the parent out of the state of Illinois is not doing what is right for the children.

The court presiding over this divorce and child custody battle may make it a permanent arrangement if it sees that this is what is best for the children.

If your spouse all of a sudden becomes available again and shows up for the hearing, the judge will give him or her adequate time to file in his or her own state if so desired. The judge, if he or she sees that the state the other parent resides in has made a custody determination, will get in contact with that judge and discuss what they both feel needs to happen.

Do you find yourself in the midst of a child custody discussion with your soon-to-be ex-spouse? You may benefit from talking to a professional who can answer your questions and help secure a favorable determination for you and your children.

Source: Statutes of Illinois, "Illinois Child Custody Laws" Jan. 27, 2015

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