Legal Question in Family Law in Illinois

Not court ordered and ex-boyfriend won't bring kids back home

My ex boyfriend takes our two children every other weekend, it is not court ordered, just something we have agree to for the past 5 years. Now he has kept them longer than he should without discussing it with me first. I have held back from going to court because he has threatened to take me for full custody, which is something i don't want to go through, nevertheless, put my children through that. My question is, if i do go to court for child custody, what are my options, chances of getting full custody, what is at risk? I need help and i don't know where to go. I have been told by the police that since visitation and custody is not court ordered, he has every right to keep them. He lives five hours away from me so it's very hard when he just chooses to keep them for whatever reason he may have. Pleas help.


Asked on 4/30/06, 12:40 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Not court ordered and ex-boyfriend won't bring kids back home

Hello. If your ex-boyfriend has never been declared the biological father of your children

by court order, he has no right to custody or

visitation, under Illinois law. This is the law

as it applies to children born out of wedlock.

Essentially, you are in the driver's seat. You

should be very careful; ;dad may attempt to

get himself declared father legally where he

resides and have the court grant him custody

there. The police should not be giving you legal

advice. I would travel to the town where dad

resides and file a police report, or take the

police to where he lives and see if they will

order him to return the kids. Another option is

to file a paternity petition in Illinois now,

have dad legally declared the father and ask

the court to grant custody to you and grant dad

reasonable visitation. I suggests you act very

soon. I will be happy to answer any additional

questions that you might have. The law that I

am referring to is contained in the Illinois

Compiled Statutes under paticular provisions

which pertain to child custody issues. Legal

representation would be a great idea, under these

circumstances. Time is of the essence in my

opinion.

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Answered on 5/02/06, 4:36 am


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