Juan Pablo Fulgencio, 30, petitioned for sole custody of his five-year-old son in Urbana.

The child’s mother, Amanda Ennis, 31, was arrested Friday on charges of driving under the influence and possession of cannabis after she allegedly struck and killed pedestrian Susan Costello of Champaign. Ennis was released on bond pending a hearing on March 9, but could face up to 14 years of prison if convicted.

Fulgenico’s attorney, Michael Ochoa, who works for a Chicago firm, has filed a petition to keep Ennis from having any access to her son.

Ochoa said he is not aware of any prior offenses Ennis has committed.

Ennis and Fulgenico were not married and had no formal custody arrangement, Ochoa said. The five-year-old lived in Champaign with his mother and grandfather, he added. Fulgenico, who lives in Chicago, visited on a regular basis.

Fulgenico petitioned for joint custody in 2005, and Ennis later petitioned for sole custody, but neither petitions were heard in court, Ochoa said.

At Thursday’s hearing, the court ruled the case will be revisited in May. Until then, the child will remain with his mother in Champaign. His father has been granted “parenting time” on weekends, Ochoa said.

Ochoa said he is unsure what will happen to the child if his father is not granted custody.

“Right now the outcome of this custody case depends on the outcome of [Ennis’] criminal case,” he said.

Ochoa said he and Fulgenico have yet to work out the details of the custody arrangement if the court rules in their favor.

“I don’t know if the mother will get a visitation right, that’s a bridge we will cross if we get to it,” he added. “I’ve learned not to predict these things in advance.”

Despite the tendency of courts to rule in favor of mothers in custody hearings, Ochoa said he and his client is staying positive.

“I’m always hopeful that I will succeed in any case I get involved in,” Ochoa said. “I wouldn’t have filed this case unless I was hopeful of a victory.”