Legal Question in Family Law in Illinois

Non relative child living with us

We have been raising a boy (6) since he was born. His mother is in the picture but we make all the decisions, etc. The father refused to admit he was the father, (he's married with another family), so after he missed many court dates DNA proved he was the one. He rarely pays child support and he has not tried to have any contact since the boy was 5 months. Even at that point he was only interested in SEEING the mother. She has in her will that she wants us to care for him if she dies. Everyone can vouch that we have been raising him. We are, (mother also), concerned that the father may try to come into his life just to cause trouble and spite us. It would mean nothing to him that he was hurting the boy. Everyone has told us we should get custody but that seems extreme. Is there any way we can protect him? The little boy see's us and his mom as his family. He loves his Mom (which we encourage) but comes to us for everything. We love him dearly. What do we do?


Asked on 5/21/04, 8:14 am

1 Answer from Attorneys
Michael Perez Law Office of Michael A. Perez

Re: Non relative child living with us

You should get a custody order. Techically the father or the mother can show up one day and say I want the child. You have no standing to fight a parent under those circumstances. You can request a court order for custody now while you have the child. As an alternative you can petition for guardianship. The parents are not giving up their rights permanently but must petition the court to regain the rights.

Please call me for a free consultation.

Michael

773 772-8989

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Answered on 5/21/04, 12:43 pm


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