Legal Question in Family Law in Illinois
Help for son legal mess
My son is in a legal mess, his girlfriend had a baby,now my son got into a fight with the girl and her mother put her under a restraining order to keep my son away from her.And she put the baby under it to,my son was made to go to anger management classes and they would drop the case that her mother has on him for that.But all the wild my grandbaby is in the middle of this we cant see her,because her mother thinks we going to take her to see my son. Now she plans to leave out of state with her daughter and my grandbaby. She tells her daughter that she can do whatever she wantes to do when she turns 18, Ti'll then she has to do what her mother says.What can we do as grandparents to stop her from taking our grandbaby out of state? or what rights does my son have? She also tell's her daughter to get emancipated,how would she go about doing that? Her mother doesn't like her daughter to much she is always calling the police on her and her two brothers for anything they do. And she wants to try to get child support from my son, but the thing is I support the baby already.I buy whatever the baby needs her mother doesn't buy anything for this baby and I got recipes for everything I buy for this baby.
1 Answer from Attorneys
Re: Help for son legal mess
Hello. I have some helpful answers for you. First, I assume that your son has not been to
court to have himself legally declared the father
of your grandchild. This needs to be done right away. Once this is done, the court will set the amount of child support along with a time frame for your son to see his child. The law has now
changed. In situations where the parents of a child have never been married, the parent having
physical possession of the child can leave the state, without having to submit to a removal hearing, however the court (paternity court where this needs to be) will set up a visitation schedule. There are no longer grandparents rights in Illinois, however when your son exercises his rights by filing a petition in the
paternity court to be declared the father, he can bring his child to you so you can have time
to visit with your grandchild. Don't get frustrated; there are legal remedies that your
son has, but if he does not exercise them, he and
your grandchild will suffer. I have handled
many of these kind of cases.
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