IL child custody?

Question

Who has custody when the parents were never married? I think it's the mother, but I need to know for sure. And, if it is the mother, does the father have the right to take child out of state? My sister let her son stay with his dad, who lives in KY, and he doesn't want to return him or even let the rest of us see the child. It's such a long story. Yesterday he did bring child to see us and now we won't reurn him and he's threatening kidnapping, which is a crock. Any serious advice would be greatly appreciated.

Answer 1

If the father has not established paternity through a petion to the IL courts, he has NO rights to the child. If that is the case, call the cops.

Answer 2

i personally went through a similar situation. if the father never lagitimized the child which is a court process and they have never been to court to decide custody then the mother has full rights, meaning the father doesnt even have the right to see the child. just by him taking the child like he did could be considered kidnapping.

Answer 3

the mother does. where ever the child went to school at last is the area the child lives in. in the state of ky the law recognizes this. the mother can get him for kidnapping and she can really get him in big trouble now and if he gets out of that..he will still have to pay child support. she can easily get control of this situation but she needs to file the court papers to do so. he has now ask for it give it to him. she needs to file papers to show that he is capable of leaving anytime with the child. he won't get custody either.

Answer 4

the mother does.. but she needs to go in front of a judge ASAP and get a temp restraining order. And he can call the cops all he wants. Where was he in school last? All she needs is records that say he lives there. The cops will just say " we can't do anything"

Answer 5

all the judges decision