Summary
In Illinois, if youve never been married to the other parent, you are considered the custodial parent unless a court order says otherwise. Establish paternity if not done at birth, file a Petition for Allocation of Parental Responsibilities, and attend a hearing. If the other parent evades service, alternatives like service by publication or hiring a special process server exist. If service by publication fails, the court may allow a default judgment. Abandonment can be grounds for involuntary termination of parental rights if the parent shows intent to forego duties. Consult a family law attorney for personalized advice.Full Conversation
I have a question about getting sole parental responsibility for my daughter
Sure, ****. To clarify, are you currently married, divorced, or never married to the child's other parent? This can affect the process in Illinois.
never been married
In Illinois, if you've never been married to the other parent, you are considered the custodial parent unless a court order says otherwise. Here are some key points:
- Establish paternity: If not done at birth, you may need to file a Voluntary Acknowledgement of Paternity form.
- File a Petition for Allocation of Parental Responsibilities: This outlines custody arrangements.
- Attend a hearing: The court will make a decision based on the child's best interest.
what if I have already tried to go through court and he was not able to be served papers so he missed all the court dates
In Illinois, if a party cannot be served due to evasion or unknown address, some alternatives exist:
- Service by Publication: After reasonable attempts, a notice can be published in a local newspaper.
- Special Process Server: A hired individual can serve the documents.
Remember, it's critical to follow legal procedures for service.
they did the service by publication but still nothing
In Illinois, if service by publication hasn't resulted in response:
- The court may allow a default judgment if there's proof of publication.
- Ensure you've followed all proper procedures for service by publication.
- Consult with a family law attorney for further advice.
how long can the father go with out seeing or contacting about the child before he has no rights
In Illinois, the law doesn't set a specific time that a parent must be absent to lose parental rights. However, abandonment can be a ground for involuntary termination of parental rights if proven that the parent has shown an intent to forego his or her parental duties.