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emergency temporary custody

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lauramw71

Junior Member
What is the name of your state? Illinois
Hi there, I have a question.. I'll try to make it as brief as possible.. my Stepdaughter is living with me and her father (we are not married, nor was he married to her mother). The drama all began about 7 years ago when her mother was using drugs.. SD was removed from home, and lived with maternal grandmother... mother was pg and child was born and put in foster care... 2-3 years later, both children were returned to mother. In April of 2000, SD told us mother was still using drugs and wanted to live with us. Original court papers filed in WI, we were living in Nebraska.. Mother agreed and SD lived with us. We moved from Nebraska to our home state of IL. (Maternal grandmother had gotten guardianship of SD's sibling) in Nov of 2001, mother was released from a weekend of jail and moved in with DS's maternal grama. SD decided she wanted to join them and moved with her. A few months later, mother decided she didn't want to live there anymore, and moved from one city in WI to the main one where it all started.. and left SD there with maternal grama. There were many many problems between grama and SD which resulted in charges against SD etc.. In Nov of 2002, SD decided to move with us and has been here since. In probably April, mother was jailed for a felony and has been there since. She will be released in about a week, and put on ankle bracelet. She has no income, and will be moving into a 2 bedroom apartment of a friend which already has 7 people living in it. We are afraid since she has legal custody, when SD goes to visit (we let her visit ANY time she wants) she will not let her return to us on grounds SHE has the papers.. SD does NOT want to live with her, just visit. My question, can we file for temporary emergency custody in OUR state (different from where original file was made) due to the fact she's been living with us for 7 months, or do we have to go to WI. Also, if we DO file for temp emerg custody, will it be granted right then so SD can still visit her mom and not have to worry about not being able to come back. Other key points I forgot to mention: SD is 16, mother has a 3rd child that was removed permenantly at birth and adopted due to drugs in system. SD has bounced around from school to school and wants to stay with us so she can graduate from the school she is currently attending. Any quick info will be greatly appreciated as she wants to go visit her mom in a few weeks as she will be released from jail (but still on bracelet for about 2-3 more months) Thanks so much in advance.
 



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