Asked in Family Law and Child Custody for Illinois

Q: Can I go get my son?

His mom gave him to my sister because she couldn't handle him and he failed tgis year in school instead of giving him to us as normal. Because all is normally cordial there is no custody or court orders and never have been. I have a paternity test proving myself the father and I was told his mother signed her rights over to this family member but I didn't. So can I go get him?

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: You best bet is to file a paternity action to get an order declaring you to be the boy's father. Once you have that you're on much more solid footing when you go to claim your son. In this situation it's cheaper and easier to get things straightened up at the outset rather than trying to fix up a mess afterward.

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