Legal Question in Family Law in Illinois

I have a 22 year old son who has a 2 year old son with his girlfriend of 3 years - they have been together with our grandson, but now not sure how things are going to work out - they have been splitting their time between her home and ours to help them out until they can afford a place of their own. Three days ago, she packed up all her stuff and our grandson, went to her house, went on facebook and said it was not working out and told my son not to come over, that she needed space. He was crushed - she then called later that evening and said he could come over and they could talk - He has stayed as he wants to make sure his son is ok - If he would decide to come home with his son for a few days and tell her she is welcome to come with or stay at her house to have some space, will this cause problems as they are not sure what they want to do at this time???


Asked on 1/25/12, 9:07 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Hello. This arrangement from your son's perspective could be risky, until he takes action in court to protect his rights as a father. First of all, he needs to file a parentage action in the Circuit Court so that he can legally be declared the child's father by court order since he and his girlfriend are not married. In Illinois, unless your son signed a voluntarily acknowledgement of paternity at the hospital where the child was born, there is no legal presumption that your son is the child's father; even though you know that he is. That being said, your son's girlfriend could currently deny him access to the child. Your son should move on this quickly. Will be happy to discuss this further with you and in more detail. I hope my comments have been helpful.

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Answered on 1/31/12, 3:09 pm


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