Legal Question in Family Law in Illinois
Will for underage mother
Can a 16 year old mother in Illinois get a will to insure that, in event of her death, that her child does not go to the biological father? If she cannot get a will, what other recourse does she have?
1 Answer from Attorneys
Re: Will for underage mother
The mom cannot prevent the father from being the next in line for custody of his minor child. The law gives a biological parent the first right to the child.
In the event that the 16 year old mom should somehow become unable to parnet the child a fight by the father could only be defeated by someone in possession of the child showing that the biological father is unfit or dangerous to the child.
To answer your question directly, the mom can designate a guardian of the child in her will or as a back up guardian petition. However, the same caveat applies in that the biological father has first dibs. I am available for a free consultation at 773 772-8989.
Michael A. Perez
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
