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

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

Posted

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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Gary L. Schlesinger

Gary L. Schlesinger

Posted

but first he has to be legally determined to be the father. i assume he did not sign the voluntary acknowledgment of paternity, hence the dna test. until he signs the vap or has a court order of parentage, he is not legally he dad and cannot file for custody as the child is now living with its presumed custodian--mom. if he does file, it would be not in the probate court since no one is dead and since one need not file for guardianship of ones own son. i appreciate that you recommended me. but you do not know illinois parentage law and your answer is of no help to the asker.

Howard M Lewis

Howard M Lewis

Posted

Thank you for the constructive criticisim and take good care of yourself. regards

Posted

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.

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Posted

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.

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Posted

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 federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Judy A. Goldstein

Judy A. Goldstein

Posted

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

Posted

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

Posted

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

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