Legal Question in Family Law in Illinois

custody

me and my daughters father wasnt married, at the hospital he did sign the acknowlegdement of paternity, we have broke up and he goes from months to years without talking to or seeing them, he know says i am keeping them from him and its illegal. so my question what rights does he have? do i have full legal custody of them and do i have to let him see them before we go to court for visitation rights? he lives 4 hrs away and him and his girlfriend who lives with him have been in and out of mental hospitals for trying to kill themselves. what do i need to do to protect my girls. he does pay child support because he went to jail for it and they get it because he's on ssd and they take it from him. the only times he has ever wanted to talk to them is when the state took the money from him. its been coming and going when i get it he tries to talk to them, when i dont get it, he dont have anything to do with them.


Asked on 5/28/07, 12:53 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: custody

He doesn't have rights until he goes into court to get them. As the father, he can go into court to ask for custody/visitation. I doubt him getting custody is realistic but if he tried, he may be able to get some visitation rights. Sort of the "default" in our law is that the non-custodial parent IS entitled to visitation unless he/she is a "serious endangerment" to the child/children. Bottom line, I wouldn't do anything if I were you if and until he'd pursue something through the courts.

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Answered on 5/29/07, 10:35 am


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