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I have a child custody question pertaining to an unborn

Hello, I have a...

Hello, I have a child custody question pertaining to an unborn child

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Illinois

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

No, nothing yet. She is only about 20 weeks pregnant, but due to some unstableness in her household and her mental state, I feel I have no choice to but attempt to gain full custody.

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

She has 3 previous children and lives in the same building as her physically and mentally abusive ex who she is still very dependant on

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Answered in 4 minutes by:
1/23/2018
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 631
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Customer reply replied 7 months ago
Awesome thank you so much!

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

You can prepare the custody documents now, but you cannot file until the child is born.

If you are unmarried that would be a paternity/parentage action. Is that the case?

If you care to send the city and county you are in, I can look to see if those forms are available on line.

Sue

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Customer reply replied 7 months ago
Correct, we are not married. I am in Chicago, Illinois.

Okay, thanks.

I'll do some research and be right back.

Sue

Ask Your Own Family Law Question

Here is the Illinois Department of Healthcare and Family Services Child Support Services page. You'll see along the left hand side "Forms and Brochures," so you can choose the forms you'll need.

Usually, both parents sign a Voluntary Establishment of Paternity form in the hospital at the time of birth. That goes to the IL Department of Health, who will issue the child's birth certificate with your name on it.

After that, you'll most likely want to file a Motion and Affidavit for Orders After VEP, or something like that, to secure custody.

Here is the Illinois Department of Public Health's paternity page, with some good information on it.

I'm going to do a little more research and be right back.

Sue

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Customer reply replied 7 months ago
oh awesome thank you! I'll start reading through that information now

You're in luck: Chicago has what sound like excellent Self-Help services you can access here.

FYI, the Cook County Circuit Court paternity page is here. It's on this page I found the Self-Help services.

Self-Help services will tell you they can't offer legal advice, and they can't, but they can be very helpful getting you to the right forms, and sometimes, filling them out correctly.

Do you want to check all this out and let me know if you have other questions?

Sue

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Customer reply replied 7 months ago
assuming we establish paternity and I am the father, I was wondering what my option may be for suing for custody? Or is that something I should do some more research on and maybe visit a local lawyers office for?

Many people navigate the court's paternity system on their own. If the mother doesn't agree, you may want to hire an attorney.

So the reference to the Self-Help Center was so you could find the correctly titled form in your jurisdiction. In mine, it's called a Motion and Affidavit for Court Orders After VEP, which begins the paternity court case. In your paternity court case, you can request full legal and physical custody.

If, as you say, there is a danger to your newborn because of the mother's instability and mental state, and because of the proximity of the mother's physically and mentally abusive ex, you also have access to a request for restraining or protective order on behalf of the child.

Let me see if I can find those forms/resources online.

I'll be right back.

Sue

Ask Your Own Family Law Question
Customer reply replied 7 months ago
oh, perfect. That would be great!

Here is the Cook County Circuit Court Clerk's homepage for protective orders. If you scroll down a bit you'll find this reference, "CENTRALIZED DOMESTIC VIOLENCE COURT FACILITY: All Clerk of the Circuit Court Domestic Violence Court services will be available at the New Domestic Court Violence Court Facility which is located at 555 West Harrison Street, Chicago, IL 60607 (Criminal -(###) ###-#### Civil -(###) ###-####or 9037)."

So you can call the Civil number,(###) ###-####or 9037, to ask about filing a protective order on behalf of you newborn the minute s/he is born.

Sue

Ask Your Own Family Law Question

And here is the Cook County Circuit Court page on protective orders.

Your jurisdiction has excellent on-line resources.

If you want to spend a little time looking around at the resources I sent, and other questions come up, please let me know.

Sue

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Customer reply replied 7 months ago
Okay perfect, I'll start looking over that!

Great.

This thread remains open about a week. I check in daily.

Is there anything else I can do to assist you?

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please do let me know so I can continue to assist you.

Sue

Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 631
Experience: Family Law litigator for over 35 years
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