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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9081
Experience:  since 1983
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My friend have a 6 yr old grandchild, her mother passed when

Customer Question

My friend have a 6 yr old grandchild, her mother passed when she was one the grandparents have been raising her since she was 5 mth old. If the father was to come and say he wanted to take her right now can they refuse to turn her over. This is the only home she has ever known we live in Illinois
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
Was the mother married to the father at the time the child was born?
Customer: replied 1 year ago.
No the grandparents are paternal
Expert:  N Cal Attorney replied 1 year ago.
Is the father named on the birth certificate, or did he sign an acknowledgment of paternity?
Where do the maternal grandparents stand on this?
Customer: replied 1 year ago.
Yes he's on birth certificate just a maternal grandmother she wants what's best for the child but doesn't want to get involveded there is an older sister 13 yrs old that maternal grandmother is raising she has a different father
Expert:  N Cal Attorney replied 1 year ago.
I am sorry but if the father is on the birth certificate, he has a presumptive right to custody.
The grandparents could go to court and ask to be appointed as guardians if they can allege that the father has abandoned the child.
They can get a free consultation from some of the child custody attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/custody-visitation/Illinois
Please ask them to follow up on this with a local attorney.
I hope this information is helpful.

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