Legal Question in Family Law in Illinois
question about father rights and child custody
1. My son's mother and I were never married. Up until today, my son has always lived with me more than her. She stayed with him two full days a week. Now, ''to hurt me'', she won't let him come with me anymore. Can she do this, and what can I do?
2. She just put me on child support because she wants to get public aid. I understand mothers can do this, but even if he's always been with me more than her? Also, her and my son were both on my taxes this year as dependents, can she put me on child support anyway?
3. Her boyfriend has a criminal record. Aggravated battery, as well as DUI and other driving offenses. Also, I found a paper at her house of acts of violence that this guy wanted to do to my sister. I don't want him around my son. I've seen other people she has at her home, and they're gangbangers with a record too I'm sure. I believe they use drugs and drink around him. What can I do to keep him and the other people away from my son?
She is really frustrating me and I've always been there for my son. I don't believe she has his best interest in mind because she wants to keep me from him to hurt me. Please, if there is something I can do, let me know. Thanks and I appreciate it greatly.
1 Answer from Attorneys
Re: question about father rights and child custody
Hello. You have a serious matter to deal with here. From your posting I cannot determine if
you have been legally determined your child's
father. In other words, you can get hit with a
public aid bill in Illinois without being legally
declared the father. If this is the case, you
should immediately file a parentage petition in
the Circuit Court. Otherwise, if you have already been legally declared the father of your
son by a court of law, you need to file a motion
for custody. You should act on this immediately.
From the information you have provided, your son
is at risk and certainly it is in the best interest of your child that you have sole custody. The standard in Illinois for determining custody is the best interest of the child. I am sure that you have additional questions that I will be happy to answer.
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