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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I have a son which I provide for I am the noncustodial parent

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I have a son which I provide for I am the noncustodial parent I would like to excercise my rights and have my son live with or share custody. I dont know where to start. the mother gets very hostile and I can not talk to her. she makes all the decisions and does not let me see him only if it is ok with her schdedule? help

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is there an order of custody currently in place? If not, have your parental rights been established by court order? Have you been denied rights of custody or visitation to the child?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

There is not a order of custody in place and my parental rights have not been established by the court. We have not been to court I need to know what should be my first steps to establish any thing. I signed my sons birth certificate and/

Hello again and thank you for clarifying the situation.

To obtain court ordered parental rights as well as custody/visitation rights, one would typically file a petition to establish paternity rights with the local family court where the child resides.

The petition should be personally served on the opposing parent typically so they have an opportunity to respond and defend in the matter.

If they do not respond, then the petitioning parent may seek a default judgment for the relief they were requesting. If the opposing parent does respond, then the matter will typically be set for a hearing or mediation, depending on the circumstances.

Here is a link to the IL legal aid website, which provides forms to get started after you enter the zip code of the child's residence:

Once custody/visitation is established by court order, neither parent will be able to refuse the time provided for with the child in the court order without risking being held in contempt of court.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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