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This is on potential supervised visitation case. Illinois.

This is on potential...

This is on potential supervised visitation case

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

Lawyer's Assistant: Has anything been filed or reported?

No. My daughter has a daughter that is 17 months old. The father is not on birth certificate. We have had him try to be as involved as possible by letting him stay at our house on weekends. He lives in a house with a few other guys he met on Craig list and my daughter doesn't want her there. Also he is involved in a very volatile relationship. This girl is angry that he has a child with my daughter and continuously calls and harasses here. The latest calls were messages she left on voicemail. We now have not hear from the father in s month. When my daughter asked if he was going to help out financially at all he replied he would see her in court

Lawyer's Assistant: I'm trying to find the right Lawyer for you right now. As soon as they are ready, I will let you know.

Some additional background information. The father lost his last job for failing a drug test. He was fired from his job before that for theft. He lost his license and has warrant for his arrest due to tickets.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know what we can do to protect her from a potential dangerous situation

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Answered in 2 hours by:
3/31/2017
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

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I just saw this question so I wanted to get to it. I'm sorry if you have been waiting. I hadn't seen this question before so I'm sure it came out when I was answering another question but I'm happy to help you now. There are other family lawyers here but since I represent children, like a guardian ad litem in your state, this is my area of expertise.

I'm really sorry this is going on.There is a lot in this question.

First, your daughter needs to file a restraining order against the girlfriend (gf) for harassment and stalking. Her behavior could be criminal but it certainly deserves a restraining order or order of protection. She shouldn't have to deal with this behavior, ever.

Second, it appears that the father is not the legal father. He is not on the birth certificate which means he has not signed a voluntary acknowledgement of parentage or taken a DNA test. Right now, under the law, he has ZERO RIGHTS. None. At this moment, he is not considered the legal father but that will change.

FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
Verified
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Customer reply replied 1 year ago
we know he will have rights. My daughter wants him to be involved but wants her daughter to be safe. Since he has some issues in his life, we are hoping that we can ask for his visits to be at his fathers house and that this girl not be allowed near his daughter. We really are worried about her safety
Phone call session started

Once he decides he wants to see the child, he will have to file for paternity and then custody or visitation.

Once your daughter decides she wants child support she will have to file for paternity (if he hasn't already done it) but she should file for custody right away because he's going to do so sooner or later. She has legal custody but if there's no dad in the picture, she can get sole custody. If the court hears that this man has these people living with him, they will not like that situation and he will probably not get any custody. If I were acting as the GAL for the child, I would ask for supervised visitation as well.

He's got people from Craigslist -- strangers, freaks, who knows what, sex offenders, etc. He's got a volatile relationship with a nutcase of a gf

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It was good talking to you but I'm sorry for the circumstances. I hope that your daughter will be okay. I suggest that she get an order of protection, and as I said on the phone: limiting language for supervised visitation, not to allow the gf or any of the roommates be in the presence of the child, and no visitation to take place at his house. 1x a month is more than enough for him but a court may not see it that way.

We aren't allowed to refer to any particular lawyer on Just Answer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. My customers tell me they have found great lawyers from my information. I do this as a courtesy to my customers here.

She should be filing for sole custody. Once he gets paternity she can ask for support but if she needs support right away then she should file for that too.

Gurnee, Ill. family lawyers: not many, 20 family lawyers but there could be a few that might work

https://www.avvo.com/search/lawyer_search?utf8=%E2%9C%93&q=family+law&loc=gurnee%2C+illinois&commit=Search

Waukegan, Ill. family lawyers: 59 lawyers -- I would look here. There are a bunch who are rated and practicing more than 10 years.

https://www.avvo.com/search/lawyer_search?utf8=%E2%9C%93&q=Family&loc=waukegan%2C+illinois&commit=Search

Here is my free guide which will help understand avvo.com. That site has every lawyer in the country, including me, on it.

How to choose an attorney. THIS IS HOW I WOULD PICK AN ATTORNEY IF I NEEDED ONE FOR MYSELF IN ANOTHER FIELD OF LAW.

Here's what to look for and what to avoid.

Avoid: Any red mark next to an attorney's name, such as misconduct. That usually means the lawyer was either disbarred, censured, cited for misconduct, or suspended from the practice of law.

Ignore: Ratings, such as 6.5 or 10, which is the highest. A 6.5 attorney may be even better than a 10. It's difficult to say. The site has its own formula for rating attorneys and many attorneys get a 10 because they belong to bar associations and sometimes give lectures. That does not necessarily mean they're the best when it comes to going to court.

What to look for: See what the clients’ reviews state, especially in the field that you're interested in (i.e. wills, custody, guardianship, etc.). That is probably going to be the most important thing. Many people have not been rated, but if there are a bunch of them who are, go with the ones who have multiple ratings and that are outstanding. You don't want someone who is a family lawyer but who has been rated as an excellent criminal lawyer. That won't help you. You want them rated as an excellent family lawyer if that's what you're looking for.

I would also suggest you find someone who has been practicing at least 10 years, the more the better(15-20 is even better). The site will tell you how long they're practicing law. You don't want someone just a few years out of law school to take on your tough case.

Take a few names and make some phone calls. Ask for a free consultation -- see if you can get one. If you don't feel confident in the lawyer, find another one. That's why it's good to make a list of the ones you want, maybe 5-6 lawyers and you'll find one. It’s okay to walk out of a lawyer’s office and don’t sign anything if you’re not comfortable with the lawyer. You usually want an aggressive lawyer to help you and someone who will return phone calls. You can always fire a lawyer if you're not happy but once the case is underway, you may need court permission to do so, so make sure you like the lawyer!

Be well and good luck!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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