Legal Question in Family Law in Illinois
Mother Found Unfit, Father Found Fit...
Father just found out he has a 4 yr old son. Mother was found unfit(long history of drug use, ignoring orders to clean up her act, abusive boyfriends, neglect etc.,) father was found fit..son is in foster care, but child services insist that the mother have every chance to clean up her act. Father has been visiting son in IL and keeping contact, via phone calls and letters as is his objective from child services. Father wants custody. Child stated he wanted to come live with his dad. Child has now been moved into another foster care home- whereabouts at this time unknown. Is there no way that this father can get custody of this child and get him out of that whole system? Father has excellent work record, adequate income, nice home, clean safe neighborhood. This separtation is taking its toll on both of them. Child had behaviors during the last visit as he didnt want to go back to foster care, stated that he wanted to ''go home with you'' to his dad. There has to be some way to cut thru all this red tape and give that child a chance to have a real life. Isn't there?
2 Answers from Attorneys
Re: Mother Found Unfit, Father Found Fit...
For all that he HAS done, what the father HASN'T done is to go in to the court and take care of business to get custody of his son.
Few courts would willingly tie up scarce resources like foster care families if there is a relative who is ready and willing to take custody of a child.
If he needs to establish paternity, then get it done. A professional service can have the results back fairly quickly, and the court has the authority to bring the child in from wherever he is.
There's a lot of information mssing, but at the end of the day, he has to go through the court, it isn't just going to "happen." There's a process, and if you follow it, there's a decent chance the child can live with his father.
Re: Mother Found Unfit, Father Found Fit...
He needs to get an attorney and I don't see a problem. It is preferred to place the child with a family member every time so I don't envisage a problem.
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