Interstate Custody

[wallyworld]

Im in IL. Child is in IL with me Since Dec. 26 2006.  Mother moved to NY over xmas vacation without notifying anyone including me, our daughter, and her family in FL.

 FL has jurisdiction of custody proceedings.  IL has jurisdiction of child support matters.  

My IL attorney drew up an agreement that switches custody me to and grants IL custody jurisdiction from FL.

Mother is having cold feet when it comes to sign it as she doesn't like the perm. nature of the agreement because "it's hard to just give her up when ive had her for 9 years"  Although that's exactly what she's done TWICE to me and ONCE to the grandparents.

In 2002 she gave her to me and then we had huge court battle because I alleged she abused our daughter as the change of circumstance needed as it hadn't been 2 years.(she got mad)and I lost due to IL not having jurisdiction because she only lived in il 5 months.

I don't want to screw this up, this time.

Lets say she changes her mind and WONT sign the agreement.
I "think" I have her new NY address (although she won't tell me it out loud or through email) on a package she mailed our daughter

I am scared to wait the 6 months needed for IL to be the home state due to summer happening the month before and she wants my daughter to visit when school lets out.  Im scared she'll change her mind and decide to keep her.

1.  what is my next step to get custody?
2.  CAn I still file an emergency hearing on the fact that she moved to NY without notifying anyone and asked me to keep her even though I think I have her NY address (not sure if it is a motel address or whose it is.  It is listed with her first initial(or her husbands as they have the same first initial) and last name?  
3.  At highly reputable attorney said it would cost approx 7500 to get the emergency order etc... does that sound right?
4.  ANy other advice.

[socrateaser]

>1.  what is my next step to get custody?

File for custody on grounds that the mother has abandoned the child to you.

>2.  CAn I still file an emergency hearing on the fact that she
>moved to NY without notifying anyone and asked me to keep her
>even though I think I have her NY address (not sure if it is a
>motel address or whose it is.  It is listed with her first
>initial(or her husbands as they have the same first initial)
>and last name?  

That's what I'd do.

>3.  At highly reputable attorney said it would cost approx
>7500 to get the emergency order etc... does that sound right?

At $300 per hour, that would be 25 hours of work. Writing a pleading and appearing for an emergency hearing shouldn't be more than 3 hours worth of billables. Maybe the attorney wants $7,500 as an advance against future fees because he's concerned that this will turn into WWIII. If so, that's understandable. Just make sure that any unspent advance is fully refundable.

>4.  ANy other advice.

Nope.