South Wilmington, IL asked in Child Custody and Family Law for Illinois

Q: Can my sister and I be charged with child Abduction?

My child’s mother and I got into an argument after having a few drinks. The situation escalated quickly and I didn’t want my son exposed to it unnecessarily. At first my son’s mother agreed to let me take our son with me to my parent’s home. I called my sister for a ride. When I began to leave, my son’s mother changed her mind about him going with me and physically tried to take the baby out of my hands. She then physically attacked my sister. Not knowing what to do, I quickly got my son into my sisters car and left. The mother immediately started calling me threatening my sister and I with kidnapping charges. She then drove, while intoxicated, to my parent’s home and tried to force her way in to get the baby. What are my legal options? We are not married. I am named as the father on the birth certificate but have not legally established paternity.

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1 Lawyer Answer
Marilyn  Johnson
Marilyn Johnson
  • Divorce Lawyer
  • Orland Park, IL

A: You need to file a Petition to Establish Paternity. Obviously you both should not be drinking in the presence of the child as it caused you both to not have very good judgment. In court you will be able to establish custody and set a parenting schedule.

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