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.
1 Answer from Attorneys
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.