Legal Question in Family Law in Illinois

absentee father wants custody in the event of my death

my chid is 7. her father and i had her in texas.we have been split up since she was a few months old. he is on the birth certificate. he now lives in iowa and i live in illinois with my child. she is my benificiary for my life insurance. the father is welcome to visit but does not. he calls maybee once a year. if i die or incompacitated he wants custody. can i stop that? will he have access to my life insurace money while my daughter is still a minor? he does not pay child support, we can't get him served to show up in court because he moves and is devious.


Asked on 12/28/01, 3:30 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: absentee father wants custody in the event of my death

Based on the information provided, you should designate as beneficiary on your life insurance some adult you trust to receive the money "in trust for your daughter for her benefit until she reaches 18." You should have a will and durable power of attorney which designates someone to care for your daughter if you are incapacitated or dead. Regarding child support, you should contact the Illinois state agency, Children & Family Services which can help you track down the deadbeat dad for child support. Even if he never pays, it will be difficult for him to get custody if he never provides support and never appears. Don't procrastinate.

Read more
Answered on 12/29/01, 2:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois