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PEOPLE EX REL. ELMORE v. ELMORE

No. 76-80.

46 Ill. App.3d 504 (1977)

361 N.E.2d 615

THE PEOPLE ex rel. GREGORY ELMORE, JR., by Anita Archibald, his Mother and Next Friend, Petitioner-Appellant, v. GREGORY ELMORE, SR., et al., Respondents-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed March 2, 1977.

Attorney(s) appearing for the Case

Patrick T. Murphy and Joan Levin, both of Chicago, for appellant.

Downs, O'Bryan & Burns, of Chicago (Thomas R. O'Bryan, of counsel), for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE SIMON delivered the opinion of the court:

This is a contest between the mother (petitioner) and father (respondent) over custody of a child born on November 7, 1973, out of wedlock. The mother, assuming that she and the father would be married, recorded the birth certificate with the father's name. Both he and the mother acknowledge his paternity. When the child was born, the mother, a resident of Chicago, but a...

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