[IL] What should I do if my daughter's father wants to file for emergency full custody?
June 2, 2025
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An unwed mother has full physical and legal custody of a child when there is not a custody order in place (750 ILCS 46/204(a)).
A parent does not have standing to file for emergency custody unless there is a true emergency. That means the father would have to prove to the court that the child is in some type of trouble in order for a judge to order that he could have custody on an emergency basis (750 ILCS 5/603.5(a)). Otherwise, he would just have to file for regular custody and go through the normal channels and hearing of getting a custody order in place.
I would not recommend that you share any information with him so he cannot serve you for custody.
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Hello, my daughter’s father is wanting to file for emergency full custody.
I'm sorry to hear about your situation. Has there been a recent change in circumstances that has led to the request for emergency full custody?
Yes, I left Illinois because I did not feel safe, and it was a bad environment for my daughter. The relationship between me and the father is not good.
Are you currently represented by a family lawyer, or are you seeking legal advice on how to respond to this situation?
Seeking legal advice on how to respond to the situation.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your custody situation.
The father has a history of violence.
Hello, my name is Charlie and I am a licensed attorney.
How old is your child?
6 months.
Understood. Were you married to the father?
No.
Is the father listed on the child's birth certificate?
Yes, he is.
Which state were you living in before you moved?
Illinois.
I came to get help.
Which state are you residing in now?
Colorado.
Did the father already file for custody?
No, but he wants to.
Was he visiting with the child before you moved?
No.
Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.
Is this an emergency situation since the child is well taken care of?
An unwed mother has full physical and legal custody of a child when there is not a custody order in place (750 ILCS 46/204(a)).
A parent does not have standing to file for emergency custody unless there is a true emergency. That means the father would have to prove to the court that the child is in some type of trouble in order for a judge to order that he could have custody on an emergency basis (750 ILCS 5/603.5(a)). Otherwise, he would just have to file for regular custody and go through the normal channels and hearing of getting a custody order in place.
I would not recommend that you share any information with him so he cannot serve you for custody.
If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these types of cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases.
My ultimate goal during our conversation is to make sure that you clearly understand the next steps to take in this matter. Please let me know if you need any clarification on the next steps or have any follow-up questions, as I will be very happy to assist you further.
What are the next steps?
Have no contact with the father and wait to see if he is able to find you to serve you custody.
He knows where I'm at in Colorado. He had cops do a check on the baby.
Then you would just have to wait for service of the custody petition. It is always best to not share information when you are leaving a bad situation.
Understandable.
Has your situation been fully resolved, or do you still have concerns regarding the custody issue? If you need further assistance or clarification on any steps, feel free to share.
So far it's been resolved.
Very good. If anything else comes up, please let me know. Nice chatting with you.
Thank you.
Hello, father has filed for custody.
If this goes to court, how do I use you as a lawyer?
This site is for information only; we do not offer representation. You would want to locate a local attorney.
Hello again, I just wanted to come back into the chat and thank you so much for using AskaLawyer. I wish you the very best in this difficult situation. If anything changes and you have any follow-up questions for me, I will be very happy to assist you further. Take care!
