Legal Question in Family Law in Illinois

Need custody of child. I was dating his dad, his dad is now deceased. No blood relative has shown any interest in this child. am the only mother he knows.


Asked on 10/20/09, 12:15 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

If the child's mother is deceased or otherwise unavailable to take custody of this child, you can apply through the probate court to become his guardian. You will have to send notice to the mother, assuming that she is alive, and she has a right to come into court to contest the matter as do other members of her family as well as members of father's family. If you are correct and no one else is interested in taking charge of this child or if no one bothers to object, the court could rule in your favor. If the child is over 14, he can nominate his own guardian.

Good Luck.

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Answered on 10/25/09, 8:26 pm


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