QUESTION

What state do I file a petition to legitimize when I can't find the mother?

Asked on Oct 14th, 2013 on Child Custody - Illinois
More details to this question:
My son was born out of wedlock in 2002. I have had liberal visitation with him until recently (year or so). I feel that it's best to involve the courts. My problem now is that I don't know where she lives. Her last known address was in Georgia, however she's since moved from the address that I have for her. When dialing the last known phone number for her there isn't answer. I am aware that I need to have my son legitimized and am waiting on the hardcopy of the paternity test that was taken in 2003. That proves I am indeed his biological father, but where do I file? I spoke with an attorney in Georgia who says I cannot file in Georgia because it can't be proved that she still lives in the state. I also spoke with an attorney in Illinois (where I live) who says I can't file here because she needs to be served. I can't afford an investigator and I've exhausted all internet searches as it only reveals information that I already have.
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2 ANSWERS

Divorce and Family Law Attorney serving Hillside, IL
1 Award
It wouldn't be that expensive to hire an investigator, but more importantly than that, wouldn't it be worth it as an investment in having a relationship with your son?? But the correct way to proceed on this is to schedule a consultation ASAP with a skilled parentage attorney.? He/she would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you, plus such an attorney would likely have access to an better investigator than one you could hire on your own.? Once the matter is resolved to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your, & your son's, legal rights. ???
Answered on Nov 19th, 2013 at 11:54 PM

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Until you are able to serve her, you can do nothing with regard to parentage. I presume the child is with her. No court would have the power to do anything unless and until she is subject to the court's jurisdiction. That jurisdiction is obtained by service of process.
Answered on Oct 15th, 2013 at 9:50 AM

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