Family Law Questions? Ask a Family Lawyer Online.
How old is the child?
Where is the child's biological father?
The child is 17 will be 18 11/28/2012
When the child turns 18, he/she will then be an adult, and the parents, including step parents will no longer be liable for the individual as the child will be determined to be an adult. At this point, while you are only the step parent, considering you are still married, and living in the marital home, it would be wise to take care of the child until that point if the biological father is not involved in the childs life.
The biological father lives in IL
Ok. It would be wise for you to provide for the child or at least supervise him/her until the birthday, since you are married to the mother if possible. I do not know the parameters of the restraining order, but if the mother is out the child is her responsibility.
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Yes and no, do you know the legal way to get the child out of the house? She is becoming more and more agressive and has a police records where she has threatened to harm him. Can he just remove her belongings and change his locks while she is out of the house?
He could, but I would do so after the child turns 18, and is officially an adult. Otherwise the child is still a minor, and as a step-parent, he may not want to run the risk of doing so beforehand.
Even though there is an injunction against the mother and she cannot go there?
shouldn't the child be with the biological parent?
Yes the child should be with the biological parents, but they are still married which is the factor that obligates him to take care of the child or at least get the child to the mother or allow for a neutral third party pick up. As stated, I was not privy to the order providing a restraining order against her , and I do not know the terms of that.
Is that as clear as mud?
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