Legal Question in Family Law in Illinois
I am a single mother, raising my son alone for the last 9 years. I have had absolutely no support whatsoever from the father, and he has no relationship with my son whatsoever. I have been told, that regardless, he can take my son at anytime, and I could do nothing because I have never applied for legal custody. Is this true?
1 Answer from Attorneys
If you are the natural mother you have legal custody for starters. If you were never married to the father, for him to even have any visitation rights there would have to be a finding of paternity and an order for custody AND child support.... If you were married to him and he abandoned you and your son, then he has some rights, but would be obligated to child support.... It's more complicated than that but I wanted to give you at least some sense of the situation.
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