What rights does my son have for his daughter in an unsafe home, daughter out of wedlock

Asked about 1 year ago - Spring Valley, IL

MY son is in the Army in Texas and is coming home on leave next weekend, he has 6 month old daughter here in Illinois, he had a DNA test and it was proven to be his on March 9th...there are no custody or child support set up, when he gets to see her, if he doesnt feel safe sending her back to her mother is it his right to keep her. The mother had DCFS called on her this week for neglect, and we have also been told the mother is on drugs.

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    10

    Answered . I am sorry that your family is going through this and I thank your family and your son for his service to our country. If he feels that the child is in imminent harm or danger he should file an emergency motion with the probate or family court and seek custody, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Judy A. Goldstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your son needs to immediately seek the services of an Illinois attorney to help him file for custody of his child. He can go to his JAG for assistance but they may not be able to help with family matters. He can also try the American Bar Association Pro Bono Military Project for help and a referral. He can also simply look for a local family law practitioner.

  3. Gary L. Schlesinger

    Contributor Level 20

    4

    Lawyers agree

    Answered . see my comment to howard. your son must file for parentage and custody. he should do a family care plan with the military. sign the child up for tri care. get the child a military id card.

    getting custody and removing the child from il to tx will be very difficult for him--he has never met the child.

    he needs a lawyer.

  4. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your son will need to hire an attorney, the JAGs will not be able to help him.

    In addition, your son's attempt to gain custody may impact his ability to remain in active duty. He will need to discuss his plans with his senior
    enlisted advisor.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and... more
    Judy A. Goldstein
    Judy A. Goldstein, Child Custody Lawyer - Mokena, IL
    Posted about 1 year ago.

    While I usually agree with Mr. Rafter, I disagree that custody impacts ability to remain in active duty. Most of the times, this does not. I have several clients who are active duty military with custody of their children. Custody is impacted when the service is deployed but in that case, it is possible to make alternate arrangements if the other parent is not fit.

    Rixon Charles Rafter III
    Rixon Charles Rafter III, Litigation Lawyer - Fairfax, VA
    Posted about 1 year ago.

    DOD Directive Directive 1342.17 requires Family Care Plan--failing to have one, show one, or be able to execute a Family Care Plan is grounds for administrative separation. That is why I offered that it 'may impact his ability to remain on active duty'. http://www.dtic.mil/whs/directives/corres/pdf/134219p.pdf

    Judy A. Goldstein
    Judy A. Goldstein, Child Custody Lawyer - Mokena, IL
    Posted about 1 year ago.

    Agreed - the family care plan is important - especially with new recruits.

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