Legal Question in Family Law in Illinois

Re: Can my mother have custody of my son?

Unless you are prepared to establish some element of unfitness [for example, see the last paragraph]or other cause to prevent custody in the father, he can become an obstacle to placing the child with your mother by demanding that the child be placed with him rather than your mother. But just because a father might fight for custody does not mean that custody will be awarded to him.

This is the sort of matter for which you should seek the personal professional advice of an attorney familiar with child custody issues.

[For example, one provision on the grounds of parental unfitness is �Evidence of intent to forgo his or her parental rights, whether or not the child is a ward of the court, (1) as manifested by his or her failure for a period of 12 months: (i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984 [750 ILCS 45/1 et seq.] or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act [750 ILCS 50/12a], that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents; provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the petition is brought by the mother or the husband of the mother.� 750 ILCS 50/1(D)(n)]

Re: Can my mother have custody of my son?

If the father will not agree, he may contest the placement. This can then become an expensive process. The courts will look to the best interests of the child.

Re: Can my mother have custody of my son?

Can you give custody to your relatives rather than the child's father? Probably

The problem is that the father may contest this request and fight for custody.

Find an attorney to help you with this problem. If you like, you may call me at (847) 223-4410. We can further discuss your situation. I pracitce in both Lake and Cook County