Legal Question in Family Law in Illinois
A good friend of mine is the father of a 3 month old baby. He had the baby with his girlfriend at the time. He signed the birth certificate and everything. Now, he and his girlfriend are broke up. She tried telling the police he beat her up, no marks or injuries were found, so she was proven wrong. She's trying everything she can to keep him away from the baby, to shove it in his face. Going to the point of filing an emergency order of protection, she is now trying to get an extension on it for 2 years because she's bitter about the break up. She is even harassing him, sending him pictures of the baby and her new boyfriend saying things like "Look its her new daddy, you'll never see your kid again." He's very worried and doesn't know what to do, or what he can do. I'm trying to help because it's really taking a toll on him. I would appreciate an answer quickly and advice on what he can do to see his child. Thank you.
2 Answers from Attorneys
First, he needs to be sure that he appears in court at every hearing on the OOP. He should also take any witnesses he has to her harassment and he must object to any effort to get him to agree to an order of protection. He should also immediately file an action in parentage court to withdraw his acknowledgment of paternity and ask for a DNA test and visitation with the child if the child is proven to be his. Most importantly, he should find a lawyer to represent him regardless of his financial situation.
There are a few obvious things he needs to do:
1. Hire an attorney, and get moving on protecting his rights ASAP.
2. Collect everything he is being sent, as it is very useful.
3. His attorney will file a Petition for Parentage, Visitation, and other things that need to be done All this will lead to your friend having regular visitation with the child. The longer he sits on this though, the more it looks like he has no interest in the child.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
