Legal Question in Family Law in Illinois

Who has the child now? Has a divorce action been filed by either one of you? Are either of you represented by counsel? If you are married but living in separate homes and there is no pending court action then both of you have rights to the child. If your child lives with you now and you are afraid that your husband may take him or her against your will you should try to obtain a court order granting you temporary custody or residency, or at least preventing the child from being taken from you.

As Mr. Boyd implies, the child is his as well. If you and your husband have been separated for some period of time, and the child has been living with you, then you need to file an action and seek a court order maintaining that status. If you are just separated, then the issue is who has been the primary caregiver.