Gary L. Schlesinger
Gary L. Schlesinger, Child Custody Lawyer - Libertyville, IL
Posted over 2 years ago.

but first he has to be legally determined to be the father. i assume he did not sign the voluntary acknowledgment of paternity, hence the dna test.

until he signs the vap or has a court order of parentage, he is not legally he dad and cannot file for custody as the child is now living with its presumed custodian--mom.

if he does file, it would be not in the probate court since no one is dead and since one need not file for guardianship of ones own son.

i appreciate that you recommended me. but you do not know illinois parentage law and your answer is of no help to the asker.

Howard M Lewis
Howard M Lewis, Family Law Attorney - Framingham, MA
Posted over 2 years ago.

Thank you for the constructive criticisim and take good care of yourself. regards