Legal Question in Family Law in Illinois

If my ex refuses to be on birth certificate and hasn't had contact with my son, who will be a year in 4 days, doesn't pay support or want to be involved. Do his parents have any rights toward my son? They have only seen him twice while I tried to get them to have him sign paperwork to be on the birth cert. And if my ex got it into his head to come back in 3-4 years, would he be able to? What would be his rights after that long of a period?


Asked on 7/22/09, 1:44 am

1 Answer from Attorneys

The grandparents do not have a right to see the child if both parents say no. They may be allowed by the courts to see the children for short times under certain circumstances, and only if the court feels it is in the best interest of the child. If the grandparents have not had a close relationship with the child up to now, its unlikely they will get the court on their side.

A father always has rights to see his child, subject to safety concerns regarding the child. He would not get custody, but the courts will grant at least supervised visitation. The only way to get him out of the picture completely is to have him sign away his legal rights, and have the child adopted by another person.

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Answered on 7/27/09, 10:08 am


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