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My friend have a 6 yr old grandchild, her mother passed when…

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My friend have a 6...
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: 3 years ago.Category: Family Law
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Answered in 59 minutes by:
7/5/2015
Family Lawyer: N Cal Attorney, Attorney replied 3 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,881
Experience: since 1983
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Thank you for your question.
Was the mother married to the father at the time the child was born?
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Customer reply replied 3 years ago
No the grandparents are paternal
Family Lawyer: N Cal Attorney, Attorney replied 3 years 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?
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Customer reply replied 3 years 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
Family Lawyer: N Cal Attorney, Attorney replied 3 years 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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