Questionable

[CountryChic87]

What is the name of your state (only U.S. law)? Illlinois

My oldest is 5yrs old and her father and I have not been together in almost 3years. After a one year abandonment he recently moved back but not to Illinois to Missouri. After he came back we verbally agreed that he could have our daughter every other weekend. 2 weekends ago he took her to Missouri and by Missouri Law he did not have to give her back even though she is a illinois resedent. My mother convenced him to release our daughter to her and she is now back home. My question is if he files to take me to court can he do it in Missouri (which seems not to be a women friendly state) or does he have to file in Illinois since that is where my self and my daughter is located?

 

[hwest11]

That's messed up about Missouri law. I believe he can file in Missouri, but you'd have to also file in Illinois and then the judges will talk and decide which state gets to hear the case. Will probably be Illinois as it is the child's home state. Do you have a custody order??? You better beat him to the punch so he can't keep her. Without an order, you both have equal rights and he can keep her if he wants without you being able to do a darn thing except go to court and wait.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Illlinois

My oldest is 5yrs old and her father and I have not been together in almost 3years. After a one year abandonment he recently moved back but not to Illinois to Missouri. After he came back we verbally agreed that he could have our daughter every other weekend. 2 weekends ago he took her to Missouri and by Missouri Law he did not have to give her back even though she is a illinois resedent. My mother convenced him to release our daughter to her and she is now back home. My question is if he files to take me to court can he do it in Missouri (which seems not to be a women friendly state) or does he have to file in Illinois since that is where my self and my daughter is located?

He will have to file where the child's residence is.

 

[WittyUserName]

What is the name of your state (only U.S. law)? Illlinois

My oldest is 5yrs old and her father and I have not been together in almost 3years. After a one year abandonment he recently moved back but not to Illinois to Missouri. After he came back we verbally agreed that he could have our daughter every other weekend. 2 weekends ago he took her to Missouri and by Missouri Law he did not have to give her back even though she is a illinois resedent. My mother convenced him to release our daughter to her and she is now back home. My question is if he files to take me to court can he do it in Missouri (which seems not to be a women friendly state) or does he have to file in Illinois since that is where my self and my daughter is located?

With regard to the bolded - who told you that?

Are there any court orders in place? Has he been legally adjudicated as the father?

 

[ecmst12]

YOU should file to get custody and parenting time spelled out in a court order to avoid further confusion.

 

[CountryChic87]

Re:

After he refused to let me pick her up from his residence I called Missouri/Jackson Missouri Police who told me that I had no rights to come get her that if he did not want to give her back he did not have to. One of my home town officers spent almost 2hrs trying to figure out were we stood inorder to get her home but came to a dead end with state line laws. I have learned my lesson about allowin him to take her across state lines now but like a perviously stated he claimed to my mom he was going to take me to court in Missouri and I just did not know if it was possible.

 

[Zigner]

The problem is that you have NO orders in place regarding custody. THAT is why the police wouldn't help you.

Get thyself to the courthouse post-haste and file for custody, visitation and child support.

 

[Zigner]

That's messed up about Missouri law. I believe he can file in Missouri, but you'd have to also file in Illinois and then the judges will talk and decide which state gets to hear the case. Will probably be Illinois as it is the child's home state. Do you have a custody order??? You better beat him to the punch so he can't keep her. Without an order, you both have equal rights and he can keep her if he wants without you being able to do a darn thing except go to court and wait.

It won't matter who files the paperwork...

 

[CountryChic87]

Which by experiance with my fiance's ex and a situation where she currently took his 4yr old son from our residents. In Illinois without a custodal agreement a mother has all custodial rights. Which is another kicker when I found out I was unable to get my daughter from her fathers.

 

[hwest11]

Zigner

I was talking about if she lets him see her again, that she needs to file for custody. I doubt she will let him though, but still recommend filing a.s.a.p.

OP: go to the child support office. In Indiana, they take care of the custody too. Free of charge for you.

 

[Ohiogal]

That's messed up about Missouri law. I believe he can file in Missouri, but you'd have to also file in Illinois and then the judges will talk and decide which state gets to hear the case. Will probably be Illinois as it is the child's home state. Do you have a custody order??? You better beat him to the punch so he can't keep her. Without an order, you both have equal rights and he can keep her if he wants without you being able to do a darn thing except go to court and wait.

That is NOT Missouri law. The police will not interfere when one parent will not return the child. You have no clue. Please do not give advice.

 

[Silverplum]

https://forum.freeadvice.com/adoption-34/biological-father-does-not-claim-child-574930.html

I see there's a new man waiting in the wings.

 

[Ohiogal]

I was talking about if she lets him see her again, that she needs to file for custody. I doubt she will let him though, but still recommend filing a.s.a.p.

OP: go to the child support office. In Indiana, they take care of the custody too. Free of charge for you.

YOU* are an idiot. Custody is NOT determined by CSEA. Not at all. And the police can NOT enforce civil orders.

 

[Silverplum]

hwest, a simple rule of thumb for FA is this: If you are here to ASK a question, you are likely not qualified to ANSWER somebody else's question.

Please stick to your own thread and to reading threads that educate and inform you, rather than amusing yourself by providing incorrect information to someone else.

 

[hwest11]

OOOOOOOOK same thing as on mine. Child support does take care of custody too. They took care of mine, I have no idea how, but they did, because I ended up with court papers saying I had full custody and he had to pay so much in child support a week. It is the prosecuting attorney for child support. I never had to step a foot into court back then for custody. As to Missouri Law. Indiana police will not do a thing if there is no custody order, sometimes with a custody order. Depends on what it says. My ex's wife has a custody order for joint custody, don't know if it's legal, physical, or what, and he tried keeping their oldest son and the police wouldn't do anything about it. OP is right about the law though. Like I said, with no order, they can't do anything.