What is the name of your state? IL
My husband has a 5 year old child born out of wedlock. He did established paternity in the hospital, and my husband name is on the birth certificate, but the child retains the mother's last name. He pays child support, covers his insurance, pays 100% of all medical bills and splits 1/2 the daycare costs, even though she does not work. He finally got visitation back in April of 2004. There is no custody agreement. The mother has been fighting breast cancer for the last 5 years. She has been living with her mother since the birth of their son and has not work since then. She receives disability from the state. The grandmother claims my husband's son on her taxes every year, which I think he should claim him! Since there is no custody agreement, can the grandmother get custody if the mother is unable to take care of the child or in the event of her death without us knowing? Will my husband have to fight for custody after her death since there is no legal agreement between the both of them since they never married? I feel that the grandmother will try to make sure that her grandson stays with her after loosing her daughter to cancer. My husband thinks that after the mother's death, he can just go over there and get him since his name is on the birth certificate. I dont think the grandma is just going to hand him over. What should my husband be doing to insure that his son goes to him and their is not a long court battle? Does the courts look at what is in the best interest of the child if the grandma tries to seek custody? What should he be doing now? The mother is not doing so well!