IL state child custody laws

father seeking primary custody of child: I am seeking advice! i can not afford to get a lawyer..my daughter is 2 years old, the mother and myself split up a year and a half ago we were never married nor engaged. In the past 5 months i have been keeping records showing that i have my daughter far more than the mother has her.. but this women is pigheaded and will not agree to giving me primary custody.. she has no job lives with her father and her father buys her everything she needs, the house she resides in is a mess flee infested..my daughter has a very rare condition that is not likely found in infants but she was born with it. and with her condition the flee bites make her skin swell and break out..i reside in illinois and according to illinois law, if it's not in black and white the mother has rights over the father and i know that the mother is doing drugs and drinking although she is court ordered and i fear she is doing it around my daughter because i know her friends and i've witnissed her doing it before..my question is what should i do to get primary custody of my child..i have the records i support my child with clothes,food, a clean roof over her head, and love and care..so far i have 5 months of records showing how much i have my child more than her mother, written documents on all the times her mother has screwed up, every time i've taken her to chicago for her skin condition, and i have filed for an arburator..what do i do next and what can i expect? please help with any relative advice or expert opinion - Is this your question? Add additional information
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Answers (1)

Donald Erwin Ray

Donald Erwin Ray

Contributor Level 5
Sir you will first need to file a petition to establish that you are in fact the father. If you have signed a voluntary acknowledgement of paternity you can file a petition to establish custody and support pursuant to the parentage act. Read state law 750 ILCS 45.
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