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ldp2013 · Aug 28, 2013, 06:17 AM

I am a new mother I was never married to the father of my baby, she is 6 days old and he wants to take her and I don't want him too. He is not on the birth certificate or any other documents, only I am. I don't feel she is safe with him and would like to know if I can get full custody of her without him knowing? Or if I can move out of the state and him not stop me?

Fr_Chuck · Aug 28, 2013, 06:20 AM

He can not do anything at this point, but he can file in court for custody, or joint custody, or visitation.

If you move, he can file to ask to make you return the child.

No you can not do anything in court without him being notified

AK lawyer · Aug 28, 2013, 06:21 AM

You have full custody. As a matter of fact, Illinois law is specific about that. If he wants to go to court to get custody or visitation, he will have to do that.

And yes, you can leave the state. But you should know that exclusive jurisdiction to determine custody will be in the Illinois courts for the next three months.

ldp2013 · Aug 28, 2013, 06:26 AM

Originally Posted by AK lawyer

You have full custody. As a matter of fact, Illinois law is specific about that. If he wants to go to court to get custody or visitation, he will have to do that.

And yes, you can leave the state. But you should know that exclusive jurisdiction to determine custody will be in the Illinois courts for the next three months.

And after the three months if he doesn't do anything until later would it be in the state I am in?

N0help4u · Aug 28, 2013, 06:28 AM

My daughter's mother in law after 2,years is still going from Georgia to Ohio to fight for her daughter that she had taken to Georgia. He can't take her until he has established paternity and gotten a court order. It's unlikely he can get primary or full custody unless he proves he has reason he should have it.

ldp2013 · Aug 28, 2013, 06:42 AM

I don't feel he should, I was with him for a few months and then we broke up and he told me about all the girls he was with while he was with me and he said he told me to hurt me. Now I found out about his record and it doesn't make me feel safe having him around me and my daughter he has battery charges and mob action charges, driving with open alcohol, driving on a suspended license and a whole bunch of others, I never knew any of it when I was with him

Fr_Chuck · Aug 28, 2013, 07:04 AM

So you use this in court to try to get court ordered custody of child, and if he goes to court for visitation, you use this, as reasons for supervised visits only. No way to stop him from getting supervised visits if he wants it. And he is willing to go to court for it.

And sorry, does not matter what you "feel" child custody is nor about moral values, about our concept of right or wrong. It is about state laws and following them.