If I have writ of body of protection in Illinois, will they be able to get me in Arizona?

Question:

If I have writ of body of protection in Illinois, will they be able to get me in Arizona?

The father of my daughter is trying to get full custody of her. I couldn’t make it to the court date, because i’m too far away so they gave him temporary custody. I’m suppose to return her by May 10th. I have not been served papers yet, but it says online if i do not return her then a writ of body of protection will be put on me. Will they get me in Arizona if the court is in Illinois?

Answer:

Since you knew that there was a custody hearing regarding your child and did not appear, they had court without you. At least temporarily, you have now lost custody of your child.

“Too far away..” will not be accepted as an excuse by the IL judge. You will likely lose custody on permanent basis if you do not grasp the seriousness of this situation immediately.

You need to cooperate and return the child; the Order to return her probably does not need to “served.”

I would recommend that you immediately consult with an experienced family law attorney there in IL and consider returning to IL until this matter is resolved.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
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Phoenix: 602.997.7717
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To read more of Phoenix child custody law attorney Patrick Sampair’s answers on Avvo and be sure to check out his child custody page, or if you have a question for Mr. Sampair ask him directly at: http://www.sampair.com/.