The potential or presumed father to two of my children has refused to give them back after a notarized agreement (Illinois temporary guardianship) that was from October 5 through May 30. On May 26 his Lawyer filed that I abandoned my children, which is completely untrue. He stated he’s paid child support for nine years at 300 a month for two children. I’ve never seen a dime. He also stated I have mental health issues. I was extremely stressed after having an emergency C-section, which is why my boys had to go so they could be taken care of while I recover. I have never been through a C-section nevertheless an emergency one so I honestly had no idea what to expect until it was happening. There is a significant history of domestic abuse from my ex in Illinois where myself, and my children are from. but my ex moved down to South Carolina March 2024 and he didn’t want to leave my children behind so now that he had a chance to do something like this, while I was in a vulnerable state of health, he did.
Now, regardless of all of the DV, I still allowed my children to go with him because I didn’t want to take away the relationship. When I was there visiting in April on their spring break, I noticed the home was inhabitable and living conditions were horrific. My children had been sleeping on hardwood bunkbeds for six months without mattresses. I purchased the mattresses while I was there for them because they still had a few more weeks left before school was over. I did attempt and try to take them after having conversations with my ex and his wife, but they both assured me the children would be back home in Illinois at the end of the month in May.
That was all a lie and untrue little did I know. He’s lied to the courts not only about what he is accusing me of but also stating he doesn’t work so he can get a free lawyer. Now I have to come up with thousands upon thousands just to try to get the children i have raised back home.
There is so much more between all of this in terms of the abuse I’ve had to endure, especially the last 2 months since this has began. My phone number has been blocked from the phone that I purchased for my boys to communicate with them. He tells me if I would like to communicate with them. I need to call his phone, but every time I call his phone, he ends up, getting upset about something and cusses me out and abuses me in significantly verbal and emotionally abusive language. I honestly can’t take it.
One time he told my children while I was on the phone that I didn’t wanna talk to them or see them and I just had it at that point. I told them I love them very much and I miss them and I want them home with me but their dad is not allowing this to happen and they have blocked my number from My Son’s phone and they both were extremely shocked. I have not talked to them since.
Court was last Monday but I was never served and I don’t see another court date pending but I’m pretty sure he will get a continuance and continue to try to serve me but on the docket it says non-service as of July 3.
I filed here in Illinois where we are from 13 days after he did, I would’ve done it sooner, but I had no idea what I was doing.
As of yesterday, I was granted an emergency order protection due to the abuse I am enduring from him as as well as the children. It specifically states “responded is prohibited from improperly, withholding, or concealing petitioners children…”
When I contacted his counties sheriffs office today after sending them the paperwork via email last night (yes I know that my circuit court will be sending them the information, but I’m sure that would take forever so I sent it myself to see if I could speed the process up), and they told me that they could potentially enforce this right away, but they needed to speak with the supervisor.
If they are not allowed or able to enforce it right away, they needs to go to the magistrate. Does this possibly mean that it just needs to go to them so they can form it onto a South Carolina document or does this just mean more steps for me to get protected with my children?
Also, with what the judge ordered, does this basically mean he has to handover my children, even though it doesn’t necessarily say that?
I plan to head out there immediately as soon as I get the word to do so, but I’m also extremely nervous as you could probably imagine because of all of the abuse & stress, my children and I have endure during this entire process.
They knew they were coming home on June 7 as myself and my exes wife had to come up with the agreement together. I thought we were coparenting perfectly fine this entire time but turns out she was just pretending so they could do this and keep me going as if nothing was happening behind my back.
Location: I am in Illinois. He is in SC