Legal Question in Family Law in Illinois

Wedlock child - Who has custody?

I have a 4 year old child out of wedlock. The father and I have been apart since the child was 9 months and she has been with me all that time. He occassionally will have her on the weekend but leaves her with a babysitter to play in a band at night and not pick her up until after noon. Last time was 4 months ago. I have remarried to a wonderful man in the military and had twins, he considers her as his own and have been with him since she was 18 months. He is stationed in Kentucky and our home was in Illinois but we recently came down here. I notified the father of the move and he doesn't like it but agreed to let us move. What rights does he have as far as custody and what visitation if any do I have to consider. We drive home every now and then to visit family and he may see her when we are home upon his convience. We have a child support order and he is currently $2500 in arrears and his wages are being garnished. He is listed on the birth certificate as the father and he 100% is. On all the paperwork is lists me as the custodial parent and him as non-custodial but we never went to court for that purpose only child support.Any advice on how to get full custody so that we may apply to live on base. Thank you,

Rachel


Asked on 9/07/05, 8:31 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Wedlock child - Who has custody?

The law is on your side. You have custody, however there should be a court order as to visitation. Also, you certainly need to take dad back to court on that arrearage. Take him back to court on both issues in Illinois. In the long run you will save time by not having to deal with it unexpectantly. I will be happy to answer any additional questions that you might have.

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Answered on 9/07/05, 11:15 pm


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