Temporary Custody Decision

[rocky]

I live in Illinois. I filed for divorce on May 23rd. On May 24th after dropping my kids off at school my wife picked them up an hour later and took them to Texas with out my knowledge. I have 3 kids ages 12, 10, and 5. She didn't pack clothes or anything. Their drawers are still full. Her attorney filed for temporary custody and support. My attorney filed for the kids to be returned to this jurisdiction. We had court last Wednesday, which by the way was the first time I saw my kids since May. The judge gave her everything she asked for. I have to pay for support and also bills that we both have. We are suppose to come back to court January 3rd. The judge said that he wanted the issue resolved before then. My family is heartbroken because I was always the person who took care of the kids. She was too involved with her activities. They tried to paint a picture in court that she was in a abusive relationship. Nothing was further from the truth and it was disproven by my attorney, who by the way did a good job. The reason the judge gave for his decision was the since the kids started school in Texas he didn't want to uproot them again and make them come back. I couldn't believe the decision but I wasn't surprised. In Illinois you can't take your kids across state lines without consent from the other parent, however they allowed her to basically kidnap my kids. So what should I do between now and January 3rd?

[Zuntzu]

Ask Socrateaser, serious as a heart attack.

Hang in there man.

[olanna]

and try to set a visitation schedule, would be my guess. I wouldn't wait until then to have a chance to see them.

If they went as far as to address CS, did the judge address the need for you to be involved as a parent in any way?

Strange...when I was going through a similar situation, my son had started school here, NEVER attended a school in SC and had missed three weeks of school in SC, as they start earlier than CA. And yet, the judge forced me to send him to SC.



You do know you could file for your state to take jurisdiction, as the home state is the state they lived in for six months prior to the divorce. And I am surprised your lawyer didn't take that route.

[rocky]

Thanks for your reply. We have jurisdiction of the case here in Illinois, thats were the hearing was held. The judge made her and the kids come back here for the hearing and then he let them go back to Texas. Everyone figured that since the judge had them come back for the hearing, he would have them stay here. But he didn't. I have visitation as well, but it's the schedule she laid out. She has to bring the kids up to St. Louis and I picked them up from there.

[olanna]

and I wonder what in the world he was thinking to allow that.

I'm perplexed. And I would ask the question on Soc's page.