Legal Question in Family Law in Illinois
Custody
I am looking for an affordable lawyer to help me with child custody case. I totally have no idea how much the service cost,can you give me some hint?
This is my situation...we will not have to go to court (hopefully...) I think (correct me if I'm wrong) I just need the prenuptial agreement prepared. I am a single mother of a baby girl. I and the father of my baby are not legally married but he signed her birth certificate and accept the Parental right. He married with another lady since Jan 2008. That's make me think, if something happen to me, I don't want the baby to be with him and his new lady. I want my baby to stay with my parent in Thailand or my sister in San Diego. Or if I want to move to other States or other countries with my baby, I don't want to have this custody problem with him. I thought when I'm not marry him, the baby is totally mines but seem like it's not true...isn't it? So, in the prenuptial agreement, I want
1. If I die, the baby has to stay with my sister or my parent.
2. If I move, yes, he can see the baby but I will not responsible for bring her to see him. If he needs to see the baby, he has to come to see us.
So, I just want him to give up his father's right. If he sign the prenup, are we done?
2 Answers from Attorneys
Re: Custody
What you are describing is not a prenuptial agreement. A Pre-nup is prepared when two people are getting married and want to divide up their property in case of a later divorce.
What you are describing here is a custody agreement. In the event that you die, your husband can consent to have your sister or parent raise the child, but it is not always possible to decide this in advance. As far as visitation, you are asking for a reasonable arrangement (he can visit, but only if he pays himself). However, you are leaving out details such as how often he may visit, and whether he needs to pay any child support.
Our firm does handle custody cases and would be happy to discuss costs with you. The baby's father does have rights, but with a good attorney, you should be able to get a strong agreement together that provides for the welfare of your child.
Re: Custody
You need to establish a custody order that gives you what you want. Essentially, you are asking for the father to lose certain rights he is entitled to, which requires going before a judge and explaining why it is in the best interest of the child that the father not be allowed to raise the child if something were to happen to you. Simply not liking the father will not be enough. Feel free to contact me if you have any further questions.
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