Legal Question in Family Law in Illinois

Rights to your child

My nephew is in the navy. He has a six month old daughter with a violent woman. They are not married. Can he get parental rights for the child or is it true that since he is in the navy he doesn't have any rights at all since he is the navy's property. She just broke his nose last night and threatens him that if he doesn't do what she says he will never see the baby again. I don't think this is right. If he has no rights, can his parents get visitation rights???


Asked on 12/26/08, 9:13 pm

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Rights to your child

Being in the military does not stop your son from having rights to his child. He should establish paternity through the court system as soon as possible, and should consult a local family law attorney to help him with this. If the baby is in danger, it is important to take action quickly.

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Answered on 12/29/08, 4:43 pm
Motty Stone Law Offices of Motty Stone

Re: Rights to your child

If she is abusive then he needs to get the Court and possibly the police involved before she does something to hurt that baby.

It is absolutely not true that he is the Navy's "property." Your son has certain obligations to the Navy that a court will take into consideration when deciding what the best environment is for the child. But if the baby's mother is abusive, that will not preclude your son from protecting his child.

Please feel free to call us if we can be of any help.

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Answered on 12/28/08, 12:58 pm


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