Legal Question in Family Law in Illinois

child custody

I am sole financial and physical custodian of 3yr old born out of wedlock. I have never recd finacial or emotional support from childs father. Childs fathers participation has been minimal at best. He was evicted from previous apt and has since moved upstairs in my house. fathers participation in childs life while living upstairs has been less than minimal. Never recd rent, security deposit etc. Due to low cash flow, sold house to child fathers fiance to avoid foreclosure and to avoid moving. I have paid rent to fiance every month and on time. They have recently married. I am considering a marriage proposal and possible relocation to home state of NJ and want to establish legal child guardianship in case of my death that does not include father or his new wife. Can this be done?


Asked on 6/21/04, 4:44 pm

1 Answer from Attorneys

Michael Perez Law Office of Michael A. Perez

Re: child custody

You ask a lot of questions. The last is answered as follows. The father is the father until he is not the father any longer. I mean that he will be next in line to have the child's custody if you pass. No matter what you do with a will or otherwise he can contest these actions and gain custody of the child. If you have his parental rights terminated and some one else adopts her biological dad is out. But not until then.

You should establish paternity of the child and make the dad pay support. I can help you with the paternity and removal actions. Call me for a free consultation.

Michael

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Answered on 6/21/04, 5:37 pm


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