How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24771
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
11688690
Type Your Family Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

My son and his ex girlfriend are exspecting a child the end

Customer Question

My son and his ex girlfriend are exspecting a child the end of May early June. My son wants custody of his child for many reasons. He moved her and her 2 children in with him because she was living in a physical and abusive home with her family. The ex girlfriends father is a drug addict, there are nine people living in a 3 bedroom home and one income. The relationship did not work, my son lost his job and came home to live with me and she went home to her family. He has been trying to make this relationship work for the baby's safety. His plan was once he gets a new job and a place of his own his girlfriend and her children were to live with him. Reasons it ended between them is because she has no car, no license and the parents keep her from going out once a week to see him. He has done nothing but help care for her children and terach them to talk to there mother with respect. When he met her the 3 year old would call his mother the B word which he learned from his Grandpa becuase that is what he would call his daughter. His ex girlfriend has lied to him and cancels her Dr. appointments and won't tell him why. He is concerned about the health of his unborn child adn not to mention the mopther has a liver condition. He wants to custody of his child. Now he won't even know when she delivers because there is no contact. She has no phone or internet. WHat are his righta and my rights as a gran paren?

Thank you for any information that will help us.
Donna
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Pro replied 2 years ago.
What state is she living in - Illinois too?
Customer: replied 2 years ago.
Yes, she lives in Illinois.
Expert:  Law Pro replied 2 years ago.
First, as to grandparent custodial rights in Illinois:

In Flynn v. Henkel, 227 Ill.2d 176 (2007), the Illinois Supreme Court ruled on some of these amendments, providing tremendous insight into the its current opinion on grandparent visitation. Effective January 1, 2007, the Illinois Legislature passed the following series of amendments concerning grandparent visitation:
  1. The Grandparent Visitation Act no longer applies to children less than one year old. 750 ILCS 5/607(a-3).
  2. One new amendment contains a specific venue provision such that “[a] petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides.” 750 ILCS 5/607(a-3).
  3. The statute now allows a grandparent to petition for visitation during a “pending dissolution proceeding or any other proceeding that involves custody or visitation issues.” 750 ILCS 5/607(a-3).
  4. A grandparent will be able to petition for visitation if a parent “has been missing for at least 3 months.” 750 ILCS 5/607(a-5)(1)(A-5).
  5. The statute allows for a grandparent to petition for visitation if the parent has been “incarcerated in jail or prison during the 3 month period preceding the filing of the petition.” 750 ILCS 5/607(a-5)(1)(A-15).
  6. If a child is adopted by a relative or a stepparent, a grandparent still has standing to petition for visitation after the adoption, which is in stark contrast to the old law which forbade a grandparent to petition for visitation after the child had been adopted. 750 ILCS 5/607(a-5)(1)(B).

In Flynn, the Illinois Supreme Court interpreted the new laws to mean that a grandparent seeking court-ordered visitation must prove that the child’s mental, emotional, or physical health will be harmed if visitation is denied, and the fact that a child simply will be cut off from one side of the family if visitation is stopped is not enough to prove harm to the child. For now, Flynn is the controlling opinion for grandparents seeking visitation in Illinois, although the constitutionality of these new provisions has not yet been challenged. (Practitioners will recall that in 2002, in Wickham v. Byrne, 199 Ill.2d 309 (Ill.

2002), the Illinois Supreme Court held the prior grandparent visitation statute unconstitutional on its face because it infringed on the natural parents’ fundamental right “to make decisions concerning the care, custody, and control of their children without unwarranted statue intrusion.”)


Second, as to the natural father's custodial rights:

What he's going to have to do is petition the court now for custody upon the birth of the child and to be informed as to when the birth takes place.

As to custody - custody and visitation are based upon the "best interests of the child" as determined by the judge.

Certainly has valid arguments that he should be the primary custodial parent given her history and family.

There are two types of custody - physical and legal.

Physical custody is the right and responsibility to provide a child's primary residence. Legal custody encompasses all parental rights with the exception of physical custody, including the right and responsibility to make legal decisions about important matters such as education, health care, religion, general welfare, and the right to access information like school and medical records.

The court shall determine the allocation of parental responsibilities, including physical custody and visitation, and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child. In determining the best interests of the child for purposes of custody, the court shall consider all relevant factors, including the following:
1. The wishes of the child's parents as to custody;
2. The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the custody and visitation schedule;
3. The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
4. The child's adjustment to his or her home, school, and community;
5. The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
6. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
7. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
8. The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
9. Whether one of the parties has been a perpetrator of child abuse or neglect, which shall be supported by credible evidence;
10. Whether one of the parties has been a perpetrator of spouse abuse, which factor shall be supported by credible evidence; and
11. The ability of each party to place the needs of the child ahead of his or her own needs.



Legal Custody Laws. The court, upon the motion of either party or its own motion, shall allocate the decision-making responsibilities between the parties based upon the best interests of the child. The court may award decision-making responsibilities (legal custody) solely to one parent or jointly between the two parents. In determining the best interests of the child for purposes of allocating decision-making responsibilities, the court shall consider, in addition to the factors listed above, the following:
1. Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
2. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;
3. Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;
4. Whether one of the parties has been a perpetrator of child abuse or neglect that is supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the representative of the child;
5. Whether one of the parties has been a perpetrator of spouse abuse that is supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then joint custody over the objection of the other party shall not be in the best interests of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.

The court shall not consider conduct of a party that does not affect that party's relationship to the child, and shall not presume that any person is better able to serve the best interests of the child because of that person's sex. If a party is absent or leaves home because of spouse abuse by the other party, such absence or leaving shall not be a factor in determining the best interests of the child.


So what I tell parents to do when they are thinking about a custodial battle - sit down and make a list of the all the positives with the child to live with them AND a list of all the negatives for the child to live with the other parent.

He is able to take that list and "refresh" his memory while on the witness stand when he testifies in court.

If he's well prepared and presents himself well - it would appear that the court would grant him primary physical custody of the child.




Please ask for "Law Pro" if you have any further future questions!

Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Law Pro
Law Pro
2634 Satisfied Customers
20 years practicing family law from divorce, custody, support, alimony to equitable distribution