Legal Question in Family Law in Illinois
Getting things legalized?
I have a 5 year old son with my ex-boyfriend. When we broke up 4 1/2 years ago we made a verbal agreement in regards to child support, day care, and holidays. Today he served me with papers in regards to establishment of a parent-child relationship by constent. His name is already on the birth certificate but he says that unless he does this if something should happen to me he would get custody of my son. Is this correct? What should I do now? Should I keep going with things the way they are or should I stop visitation? Is he responsible for my court fees since I didn't want to go to court? Any help would be appreciated?
2 Answers from Attorneys
Re: Getting things legalized?
One thing that you SHOULDN'T do is stop visitation. Your ex is entitled to visitation regardless of whether you are unhappy with him bringing this case or not. It really is in both of your best interests to have paternity officially established through the courts with a written custody agreement (as well as child support), so that if there is a disagreement later you have something to enforce. With that said, it is unlikely that he'd be responsible for your court fees, and if he is trying to change the status quo, then you'll definitely want an attorney to help make sure your interests are heard in court.
Re: Getting things legalized?
You need to do what you should have done 4 1/2 years ago, which is get a court order laying everything out in writing. Parentage, Custody Visitation, Support, all of it can be done in one order. And no, you should not withhold visitation from the father, as that would be bad for the child.
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