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How can i get custody without getting the other parent served?

Chicago, IL |

I need to get custody of our child sooner than later. Problem is, I don't know where her father lives. Can I ask the judge for custody while I try to find our where her father is at? I'm about to file my petition this week.

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Attorney answers 3


maybe. sorry that that is not a satisfactory answer for you.

are you and the father married to each other? do you have the child with you or is the child with him? if with him, how and when did that happen?

if you and father are not married to each other, is he legally the father? if you and he are not married to each other, then you may already have custody by legal presumption in the parentage act.

before you file anything, if the child is with you, go see some lawyers. if the child is not with you, you may be able to get an order of protection. but again, see a lawyer first.

there is not nearly enough info in your question to give a good answer.



We were never married. Our child has always lived with me, and still does. Dad is on the paternity document. What I want to do is get my rights locked in and create some rules through the court. We played loose with the stuff for too long, and our arrangement gets abused. Thanks for your help sir.

Gary L. Schlesinger

Gary L. Schlesinger


well, then file a petition for custody, support, visits.


Your question is missing some important facts. Where does your child live now? If your child is with yo,, you already have custody for all intents and purposes. If your child is with her father, service must be accomplished before youi can proceed and you are entitled to know where your child is living. Also important is whetehr you were ever married to the child's father and if not, whether the father signed the Voluntary Acknowledgement of Paternity and/or there was a court order deeming him legally as well as biologically the father. If you were never married and the bio father is not legally the father and the child is in your care, you already have custody. Go speak with a family law practitioner in person and discuss all the details of your situation.


I'd just add that you should work with an attorney on this. The fact that you're asking whether this can be done at all tells us you need a lawyer's help. You child is too important to forego sound legal advice. Many lawyers can help you get this done for a pretty reasonable fee.

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