Unmarried Dads Need to Take Action for Parental Rights

Unmarried Dads Need to Take Action for Parental Rights

In Redmond v. Redmond, an Illinois case which made it all the way to the court of appeals, the court determined that Dad had no standing to challenge Mom's decision to move to another country with their baby.  In this case the parents where unmarried and Dad had not established his custodial rights.

On March 28, 2007, unmarried parents celebrated the birth of their child in Illinois, and shortly thereafter they decide to move as a family to Ireland.  Mom decided to move from Ireland to Illinois just a few months later, against Dad's wishes.   Since Mom and Dad never married before Mom moved back to Illinois and Dad hadn't filed anything with the courts to establish his custodial rights, the Court of appeals ruled that Dad had no standing to challenge Mom's unilateral decision to skip town with their kid.

Unfortunately Dad spent years fighting Mom in both Illinois and Irish courts, before Dad realized that unmarried Dads have no custodial rights unless and until these Dads establish these rights with the court.

(July 2013)

MORAL OF THE STORY

Until an unmarried dad has gone to court (either by filing a stipulation or by filing a petition for parenting time) an unmarried mom has the ability to leave the state or country and make it more difficult for an unmarried dad to get parenting time or parental rights.  

If you are an unmarried dad file a custody and parenting time stipulation with the courts right away.  If mom and dad are still together, but not married, the stipulation can be simple and grant the parties joint (or sole) physical and legal custody, with liberal or 50/50 parenting time.

This simple process will protect an unmarried dad against an expensive international or out of state court battle later on.  

If you need a lawyer call Stacey Keenan, Attorney at Law, at 651-357-1882 and set up a consult.