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I need to learn what needs to be done for me to gain cistody…

Customer Question
I need to learn...

I need to learn what needs to be done for me to gain cistody of my daughters

Lawyer's Assistant: Family law varies by state. What state are you in?

I live in Texas, the children are in Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

I have not I need to find a properly flesh-eating attorney :)

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

We were never married, just BF/GF

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
1/5/2018
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,932
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Illinois law defines additional methods in which a man can establish his paternity by law. A man is a child’s father in Illinois only if one of the following is true:

  • At the time of conception or birth, the man was married to the child’s mother
  • The man lawfully wedded the mother after the child was born and he was listed on the birth certificate as the father with his written consent
  • An Illinois court or Department of Public Aid administrative order establishes his paternity
  • The man and the child’s mother signed a voluntary acknowledgement of parentage

Without legal paternity, the man has no right to petition the court for custody or visitation and the mother cannot request child support.

Gaining custody after paternity

Once paternity is established by one of the methods previously mentioned, it does not automatically give the father custody or visitation rights. The father must formally request that he be granted custody or visitation because it is in the best interest of the child. The court determined what the best interest of the child is by evaluating relevant factors that may include but are not necessarily limited to:

  • The child’s and parents’ wishes
  • The child’s age
  • The emotional, physical and mental well-being of all involved parties
  • Interrelationship between the siblings, child and parents
  • Any sign of physical violence
  • The child’s level of satisfaction in school, community and home
  • The level of each parent’s commitment to promoting a positive relationship between the child and the other parent
  • What was the nature of prior contact between parent and child
Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Here is step by step for you.

Step 1

Verify you can file for custody in Illinois. You can file in Illinois if it is the home state of the child, in most circumstances. The Uniform Child Custody Jurisdiction and Enforcement Act, which applies in Illinois, dictates which state you can file in.

Step 2

Determine which county in Illinois to file in. If you are filing for custody as part of a divorce, jurisdiction is determined by where you file for divorce. If you are filing under other circumstances, usually you have to file in the county where the child lives. Consult Illinois Combined Statutes Section 750, Part VI Custody, for detailed information on jurisdiction.

Step 3

Draft a petition for custody or include a request for custody if you are filing as part of another action. A parent can request custody in Illinois in a petition for custody; petition for dissolution of a marriage; petition for dissolution of a civil union, if the child was adopted; paternity petition; or a petition for protection.

Step 4

Include in your petition information about the factors that govern child custody decisions, as detailed in the Illinois statutes. For example, the court will consider the parents' wishes; child's wishes; child's adjustment to her present home and relationship with both parents; one parent's attitude toward cooperating with the other parent; health of all parties; instances of abuse or violence; and whether any party is a sex offender.

Step 5

Obtain and complete a UCCJEA affidavit. State all the places where the child has lived, who else lived there, the primary caretaker in each location and any court cases that involved the child. You can find a sample form by conducting an Internet search or requesting it from an online legal document provider.

Step 6

Fill out a summons and cover sheet, both of which you can obtain from the clerk of court in the county where you are filing. The summons must provide information to the other party about where he should respond to your petition.

Step 7

Make sure your petition is properly verified, which means you sign it in the presence of a notary public or an attorney signs the forms for you.

Step 8

File your cover sheet, summons, petition and UCCJEA affidavit with the clerk of court and pay the required filing fee. Obtain a file-stamped copy of the documents to serve on the other party, as well as a document called an affidavit of service.

Step 9

Serve the documents on the other parent by hiring a sheriff's deputy or private process server. The deputy or private process server will fill out the affidavit of service at the bottom of the summons and return it to you.

Step 10

File the summons with the signed affidavit of service with the clerk of court. Keep a copy so you will have a record of when the other party was served.

Step 11

Request a hearing and wait for the other party to respond within the 30 days allowed.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Forms to file where mother is

http://www.law.siu.edu/selfhelp/info/childsupport/Custody%20Change%20forms.pdf

Thanks again.

I appreciate the chance to help you and good luck here.

Thanks for rating 5 stars.

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