Legal Question in Family Law in Illinois

custody rights

hi im actually writing today into regards to my boyfriends sitiuation. he has a 13 year old boy never been married to his mother. he has payied for everything like he is suppose to child support school stuff health insurance ect. there are no court papers on any of this. they have never been to court. he is on the birth certificate and does take him everyother weekend ect there to. the boy is in the hospital now and the mom keeps telling my boyfriend he has no rights, she can remove him from his room at anytime, he cant get information without her, blah blah blah. is this true does he have all rights or not. he has done way more on his part and she keeps pulling this crap of he doesnt have rights. i just need to now, i believe he does but i want to prove to her she does before she spends money on courts and has no reason to. is there a website i can access with more info.


Asked on 5/22/09, 1:33 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: custody rights

In my opinion, your boyfriend should have himself legally declared his son's father in court. He will need to file a parentage petition in the county where he lives. Mom can cause problems in this present situation since he has no court order. Legally there is a presumption that she has custody and sole decision making authority. Your boyfriend should act quickly. This is something that he should have done along time ago. Will be happy to answer any additional questions that you may have.

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Answered on 5/22/09, 2:27 am


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