Legal Question in Family Law in Illinois
Me and my boyfriend both went to jail he signed over temporary guardianship to his mother without my knowledge or consent I never signed anything and we never did anything about paturnity of our daughter to him all he did was sign the birth certificate! We went to court his mother still has my daughter I got visitation for every Saturday when I wanted full custody back of my daughter! Has my rights been violated if so how? And whats the best way of getting her back sooner then later?
2 Answers from Attorneys
First, you need an attorney. Second, you need to act fast. The longer a child is with a caregiver, the more the court will look at that home as the 'status quo'. If your boyfriend was not even determined to be the father nor signed a 'VAP' then it sounds like you are in a good position to get your child back. I would like to know things like what did you go to jail for, how long, etc.
It sounds like there was a guardianship proceeding, not a paternity proceeding. If you were given notice of the proceeding in accordance with the provisions of the Guardianship Act, then paternal grand mom probably obtained a guardianship order. If you were incarcerated, you were not in a position to object. You should retain an attorney to seek your child back. The burdens are very different in guardianship proceedings from paternity proceedings.
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