Legal Question in Family Law in Illinois

Father's right to child when mother dies.

A natural father of a child is NOT the LEGAL father until a court of competent jurisdiction declares his paternity so until then, the father has NO rights (even if he voluntarily pays child support, even if he is on the birth certificate, even if the mom says he is the father, even if they live together, even if they share the same last name, and even if a blood test shows him to be the natural father).

Once paternity is established, the natural father gains the rights ands obligations of a legal father. These rights may include custody, visitation, decision-making, etc., and obligations may include child support. So, when you ask �Do I have a legal right to have my son?� the answer is FIRST � only if your paternity has been properly established. Once so established, you have the primary right to custody of your son, but a court could place the child with the maternal grandmother if it is in the best interests of the child. Even then, you would ordinarily have a right to visitation.

You should seek out a lawyer�s advice with regard to the particulars of your own situation. Be always aware that your rights as a parent can be terminated if you are found to be unfit or if you fail to exercise an appropriate ongoing interest or concern in your child. Again, I suggest you see a lawyer.

Oh, and by the way, set aside your drug use and stay clean and sober -- drug use is holding you back and will make it very hard for a court to rule in your favor in a custody battle.