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Author Topic: Guardianship  (Read 3836 times)


  • Guest
« on: May 03, 2004, 09:36:44 AM »
I was not married to my daughters mother, but I have a blood test that establishes that I am her father. About nine months ago the mother of my daughter passed away. The child was taken in by her aunties. They would not allow the child to live with me. They stated that they had a paper signed by the mother requesting that in the event of her death, the child was to reside with her sisters. I can hardly ever see my daughter or even talk to her on the phone. Everytime I call to see if I can get her for the weekend, there is always a excuse. Now the aunt has filed a petition for guardianship of the child. I cannot afford a lawyer at this time and I don't know where to go from here. Any advice would be greatly appericiated.


  • Guest
RE: Guardianship
« Reply #1 on: May 03, 2004, 10:20:08 AM »
OK when a parent dies, custodial rights go to the remaining parent. You will have to go to court, I do not suggest you do this without a lawyer.
Document EVERYTHING, from time you have with dtr to denied visitation.

Get a good Family Law Attorney. If you cannot afford one try going to legal aid.

Unfortunatly unless you know the law inside and out you will get taken to the cleaners without an attorney.


  • Guest
RE: Guardianship
« Reply #2 on: May 06, 2004, 10:27:10 AM »
What county are you in?  What district do you reside?  What district is the aunt filing in court?  Make sure you have your blood test results available.  If you have the time research this site and others.  It is not that hard to file a petition to establish parentage if that has not already been legally established.  Consult legal Aide, and call different law firms in your area to see if they might take your case, I hear they do that at times.  Or look up a local law school and see if some students would take your case.  Tell a little more about your situation.  How much were you around?  What is the reason the mother didn't want you raising your child?  Does she have a legit gripe, or was she just being a trifling baby mama?  Make sure you document everything.


  • Guest
RE: Guardianship
« Reply #3 on: May 10, 2004, 07:28:02 PM »
I live in Pulaski County. That is in the first district. The Aunt is filing in the first district. I have a copy of the blood test and it is on file at the courthouse where the case will be held. If I have a blood test and a child support order already filed, hasn't parentage already been established? I tried SIU legal clinic, Land of Lincoln and have talked to several lawyers in the area. No one can help me without money! I was never in a relationship with the mother, but we were good friends. I could come and visit my daughter at any time or she could come and stay with me. She had told me that she made out the paper when my life was not in order. But since I had settled down and was stable, with a house and employment that she would change the paper, but she died before that ever occurred.


  • Guest
RE: Guardianship
« Reply #4 on: May 18, 2004, 11:10:46 AM »
If you have a DNA test establishing paternity as the father, I would contact the State's Attorney's office, Chicago Legal Aid Clinic, or
CARPLS hotline to get help.

The parents should come first, unless you pose some type of immediate harm to the child.



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