Next of Kin rights and the estranged spouse ?

Asked over 5 years ago - Moline, IL

My boyfriend and his wife have not lived with each other for over 10 yrs does his wife still have next of kin rights before his children ?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No formal divorce, no formal separation, it would be very hard to prevent her from making a claim.
    Illinois may have specific rules on this of which I am unaware, but he should formalize his relationship with her for your sake and that of his children.

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    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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