Legal Question in Family Law in Illinois

Re: My sons father wants custody of my son

Your question would ultimately be answered by a judge should the father file an action to obtain custody.

The court will look at a variety of factors. However, the overriding factor is what is in the best interests of the child.

If you would like to discuss this further, including additional details regarding the situation please call me at (847) 223-4410. Perhaps I can be of service.

Best regards,

Thaddeus J. Hunt, Esq.

Re: My sons father wants custody of my son

In short, yes. However, he will have a hard time. It is ultimately the court's decision though. The court will look to the best interests of the child. A judge may give him visitation. However, a judge will be wise to why he has all of a sudden filed for custody so don't be so fearful. Look to what you can give your child versus what he cannot and what he will not be able to. I agree with the other attorneys, see a lawyer - this can get complex and when you are talking about your children and a decision that will affect your life, it is worth it to get an attorney to be sure it is done right.

Father threatens custody fight if mother seeks child support

Matters concerning children are one of the areas where courts make an independent determination of what is in the best interests of a child. If the father wants to fight you for custody, he will be required to file a petition and prosecute it in court.

When you file to obtain child support, and the father then for the first time files to obtain custody, it can be reasonably inferred that he did not seek custody because he cares about custody, but only to prevent child support from being required of him.

You need to obtain the advice of a lawyer experienced in child custody matters. You need to see a lawyer, not only for the present circumstances (child support), but to obtain a determination of whether custody has already been granted to you (e.g., in paternity cases, the failure of the court to make an express custody determination means custody was awarded to the mother). If you already have been awarded custody, there are significant obstacles to the father�s rights to modify custody. And if custody has not yet been awarded to you, it may be time to get it done. Only after a careful review of the facts of your case by a legal professional can it be predicted as to what the likely outcome of a custody fight would be.

And by the way, if paternity has not yet been established, it�s time to do it. If you can�t afford it, see your local county State�s Attorney. He is empowered to handle paternity cases and obtain child support for you. When custody comes up in the paternity proceeding, and the father says he wants custody, he�ll need to explain why he didn�t act to establish his paternity and obtain custody earlier.