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How does a father gain custody of his biological child after the mother dies paternity has been established

Chicago, IL |

WHAT NEEDS TO BE DONE TO GET CUSTODY RIGHT NOW HE ONLY HAS GAURDIANSHIP BUT HE WANTS CUSTODY THEY WERE NOT MARRIED AND A PATERNITY TEST HAS ALREADY BEEN ESTABLISHED??

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Attorney answers 3

Posted

If he has been established as the father administratively by the proper execution of a Voluntary Acknowledgement of Paternity, or has established paternity by court order, then he doesn't need to do anything further.

If none of the above is true, he can still file a petition to establish paternity with the court and have the court declare him to be the father. He will need to allege the facts you set forth above.

Good luck!

This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.

Asker

Posted

Thanks a lot..Your answer helped a lot

Posted

You like asking this question, don't you? The answer doesn't change. You should help him hire an attorney to address the matter.

Asker

Posted

Its doesnt matter how much I like asking this question is there a limit on how many times i can ask it or something

Gary L. Schlesinger

Gary L. Schlesinger

Posted

no, there is no limit on asking but that does not change the answers. you must file a petition to assert that you are the dad and thus entitled to custody. people do not have guardianship of their own children. but, what difference does it make? you hve the child. if someone else wants to sue for custody, they cannot because the child is now with a parent. 750ilcs 5/601.

Posted

You have asked this over and over and the answer does not change. He needs to consult a local family law attorney.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

Asker

Posted

It doesnt matter how many times I ask it your answer didnt help so just stop responding...AND I CAN TYPE HOW I LIKE

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