Legal Question in Family Law in Illinois

Me and my 23 year old son live in Illinois he dated a woman from Missouri for a short period of time.She got pregnant there is a possibility of 3 men that are alleged fathers.The mother is currently in missouri prison and just had the baby who is staying with a family friend.The mother wants my son to sign paternity papers then the both of them sign custody over to me and me bring the child back to the state of illinois.Then she will move down here when she is released from prison.My question is if my son signs the paternity and becomes legal father and they sign over custody can the maternal grandmother or another one of the alleged fathers ever come take custody away from me???


Asked on 1/23/11, 10:10 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

He should be leery of signing any papers if he may not be the father. A baby is not a piece if property that is signed over. A guardianship or adoption proceeding should be filed (and it may have to be done in Missouri) where a court order is entered giving you the child. If it is an adoption, then other relatives can not take custody away. In a guardianship, they are not entitled to any notice, so an order can be entered. However a guardianship is not permanent and can be vacated or modified in Mom or Dad want the child.

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Answered on 1/28/11, 7:16 am


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