Legal Question in Family Law in Illinois
Parental rights
The father of my six month old son, whom I am married to but not currently living with, is trying to take me to court for joint custody. I have given him ample amount of time to see him but he hasn't. What rights do I have legally as a mother and what rights does he have as a father?
2 Answers from Attorneys
Re: Parental rights
I agree with the previous lawyer's answer. However, I would add that for "joint custody" the parents must get along. Otherwise, the court will not grant joint custody. Joint custody does not mean that the non- residential parent has the children equal time. It means that the non- residential parent gets to be in on all of the decision making for the children. He/she gets normal visitation.
Re: Parental rights
You both have a right to be in the child's life. But who has authority in the child's life is determined by the best interest of the child (which only the judge gets to determine).