Legal Question in Family Law in Illinois
I have a 4 yr old son with a man I was never married to. He signed the bith certificate though. My son has always lived with me and had visits with his dad who lives 90 miles away. We do every other weekend and if he wants extra time I give it to him. He also pays support. We do this without a court or support order. I have been married a year and he is getting married soon. He plans to go for custody after hes married and buys a house. I was just wondering what the odds are he will get custody of my son. We live in illinois
2 Answers from Attorneys
It depends upon the relief that he would seek in court. First of all you should not agree to appear in another county (his) to have the matter decided. This may require you to hire an attorney to contest venue. I believe that a fair judge would continue you as sole custodian and give the father visitation rights only.
My simple advice: ACT NOW. File a parentage action, get it all on the record as to the living arrangements. I recommend hiring a lawyer as it will go smoother (and oftentimes saves money bc its quicker). Do not sit around and wait for the father to act.
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