Legal Question in Family Law in Illinois

Re: Can I be awarded full custody of my son

Courts are hesitant to strip a parent of custody of their children. There is a pretty high standard you must meet. If the father is endangering the child, then you might have a decent case. If the father is simply not utilizing his right to visitation to the fullest extent, then that would prbably not be grounds to strip him of his visitation.

You stated that he is not supporting the child. If he is not providing the financial support as required then that is a different issue and that can be readily addressed.

Re: Can I be awarded full custody of my son

You can go to court to attempt to get full custody but it is unlikely that the court wouldn't allow him some kind of visitation with your child. Not unless he is somehow a danger to your child. The court will also review his financial situation and yours and determine whether you are entitled to child support and for how much, if so. If you wish to give your child to your mother whilst in the military, he can always petition the court for custody - he can also do that if and when you go to court to try and get full custody. The court weighs the best interests of the child for all of these issues and that is what you face.

Re: Can I be awarded full custody of my son

The nature of your question leads me to believe that you and the father were not married. In such a case, if paternity has NOT been established IN A COURT or with the DEPARTMENT OF PUBLIC AID, then you have ALL the rights of custody, and the father has NONE. Side contracts, acknowledgements of paternity, names on birth certificates, etc. do NOT change this. Under this circumstance, you can place your child with your mother. He would have to go to court to establish paternity before he could try for custody.

If paternity has been established by a court, but no custody award was made, you probably already have legal custody. Illinois law (750 ILCS 45/14) provides in pertinent part: �If a judgment of parentage contains no explicit award of custody, the establishment of a support obligation or of visitation rights in one parent shall be considered a judgment granting custody to the other parent. If the parentage judgment contains no such provisions, custody shall be presumed to be with the mother; however, the presumption shall not apply if the father has had physical custody for at least 6 months prior to the date that the mother seeks to enforce custodial rights.�

If, on the other hand, custody has already been awarded to the father, you can only change custody if you can prove that a substantial change in circumstances has occurred and that a change of custody is necessary to serve the best interests of the child.

Assuming you have custody or get custody, and paternity has been established in a court, and you place your child with your mother, the father could petition the court for a change of custody in his favor.