Legal Question in Family Law in Illinois
Absent Father Seeking Custody
Hello. I currently reside in IL and have since late November of 2008. I have a 5 year old daughter but her father was never present in her life. He saw her once when she was 2 months old and left to another country. Recently, he has decided that he would like to be apart of her life. I thought it would be too traumatizing to introduce this stranger to her as her father especially since he may decide to up and leave yet again. He is not on the birth certificate, we were never married and he we have no custody arrangements. He has decided to sue me for sole custody of her claiming that I am a negligent mother. He lives in California but since we have lived here for longer than 6 mos he must file the petition for custody here. My question is, does he have any chance at getting custody?
4 Answers from Attorneys
Re: Absent Father Seeking Custody
Not likely but w/o knowing all the facts, that is a guess. Consult an attorney in your area.
Re: Absent Father Seeking Custody
Does he have a chance? YES. Is it a good chance? NO! In Illinois, if you two were never married, he will need to file a paternity petition and will need to prove that he is the legal father of the child. You can dispute that and force him to submit to DNA testing. Even if he is deemed to be the legal father, the Court will make a determination on custody based on the "best interest" standards; this is where he may have a problem since he been out of her life for over five years and I presume that no child was paid, etc. If a petition is filed in Illinois, you will need to file an Answer and Appearance so that he does not obtain a "default" against you.
Re: Absent Father Seeking Custody
Does he have a chance? YES. Is it a good chance? NO! In Illinois, if you two were never married, he will need to file a paternity petition and will need to prove that he is the legal father of the child. You can dispute that and force him to submit to DNA testing. Even if he is deemed to be the legal father, the Court will make a determination on custody based on the "best interest" standards; this is where he may have a problem since he been out of her life for over five years and I presume that no child was paid, etc. If a petition is filed in Illinois, you will need to file an Answer and Appearance so that he does not obtain a "default" against you.
Re: Absent Father Seeking Custody
Does he have a chance? YES. Is it a good chance? NO! In Illinois, if you two were never married, he will need to file a paternity petition and will need to prove that he is the legal father of the child. You can dispute that and force him to submit to DNA testing. Even if he is deemed to be the legal father, the Court will make a determination on custody based on the "best interest" standards; this is where he may have a problem since he been out of her life for over five years and I presume that no child was paid, etc. If a petition is filed in Illinois, you will need to file an Answer and Appearance so that he does not obtain a "default" against you.
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