Legal Question in Family Law in Illinois

child custody

Question about my brother. He is a 21 y/o male who has a child with an 18y/o high school student. They were together for 18 months before the baby was born. She has no source of income. Her parents are divorced and her mother couldn't even afford to buy her maternity clothes. Is there chances that he could take over custody of the child because he is the only one with an income?


Asked on 3/05/09, 5:40 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: child custody

Income does not determine who is the custodial parent. The best interest of the child is what the court looks at. I can say you want to fight early and aggressively if you are a man trying to get custody of a very young child.

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Answered on 3/07/09, 11:33 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: child custody

Having an income doesn't guarantee he'd get custody. What could happen is that the mother be granted custody and then he would have to pay child support. He would have to have evidence that it is in the best interests of the child for the child to be in his custody. He should consult with a local family law attorney about this, as his chances aren't going to be very high with an infant, but it's possible depending on the circumstances.

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Answered on 3/05/09, 5:44 pm


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