Legal Question in Family Law in Illinois

custudy

my single daughter gave birth a week ago and the father said since he is on the birth certificate and the baby has his last name he can take the baby anywhere anytime he wants. i was told in the state of illinois he cannot because the single mother has legal custudy of the child.


Asked on 5/17/09, 9:16 pm

1 Answer from Attorneys

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

Re: custudy

He's right and he's wrong at the same time. The only "right" that he acquired by signing the acknowledgement of parentage (which allowed him to have his name on the birth certificate) was the right to support the child. Under the law, custody is presumed in the mother, meaning that unless Dad files a petition for custody and the court gives him the child, the mother has custody. He also needs to file a petition with the court to set a visitation schedule for himself. OTOH, depending on the weather, where he is going to be, his overall reliability and parenting skills, your daughter may want to allow him some time with the child away from you and your house. The more willing everyone is to let Dad bond with the child, the more likely he is to cooperate overall. If necessary see a local attorney about setting up visitation and support.

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Answered on 5/17/09, 9:30 pm


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