Do I have sole custody? If not, how do I get it?

Question

My ex-girlfriend and I had a child, but she started doing drugs so I took our son and left. Our son is 3 years old and has been living with me for about 6 months now. I want to have sole custody of him. Since we were never married and he is living with me, do I have custody? What do I have to do to get custody if he's not in my custody already? Oh if it makes a difference we live in Illinois.

Answer 1

If you are on the birth certificate you both have equal custody of the child right now. If you are not on the birth certificate you have no legal right to the child and as of right now, could even be considered a kidnapper. You need to file a petition for sole custody and child support payable to you ASAP. Otherwise your ex would be totally in her legal right to take the child back anytime she pleases.

You should do this now, as you are going to need proof that you have custody when it comes time to enroll the child in school.

Speak to a lawyer as soon as possible. This type of matter would qualify for legal aid if you are not making much money. Lots of lawyers will accept installment payments if you don’t qualify for legal aid and can’t afford a lump sum.

Your application for custody shouldn’t be too drawn out or difficult if she is still using drugs. Who knows, she may not even respond to the Petition and not show up or send a lawyer, the case’ll be a slam dunk then.  

Answer 2

Go to family court and petition for sole custody, you do not need an attorney and its not complicated. No one as custody of their children just because they are the natural parents. Custody is decided by the court. From what you have explained above, you will be the custodial parent, but, you cannot keep your boyfriend from having visitation. Of course he cannot be left alone with the child. Good Luck...

Answer 3

You currently have physical custody.  However, you do not have sole legal custody until you have a court order stating that.  The way it is now, she could come by and demand access to the child.

You should file for custody asap to clarify the situation.  The way it is right now, you cannot travel with the child without mom's permission.

You might be lucky, and mom might agree or not contest the custody.  But you should be aware that courts lean HEAVILY toward giving the mother custody. If she chooses to fight you, you will need very good evidence of her unsuitability before you'd get sole custody.

  

Answer 4

If her name is on the birth certificate and yours isn't...he goes back to her!

You MUST GET A LAWYER and get this taken care of immediately or she can really s***w you over at tax time next year. Doesn't matter if she abandoned him or just told you to take him...and hurrahs to you for standing up like a man for it, by the way...you still need to get LEGAL custody. Then possibly you can get HER to pay support, etc.

Answer 5

Depending on your state's customary procedures you have to file a paternity or custody action in court, requesting that you be awarded primary or sole custody.  Otherwise mom can just show up any time, anywhere & take him.  

Answer 6

You do not. You would need to file in state court requesting custody. This is a complicated, long process for which you likely need a lawyer. Contact your local circuit court for more information.