The relationship between grandparent and grandchild is a unique
one. The love and care shared between the two can be, at times,
unmatched and the willingness and ability of the grandparent to care for
the child can be even greater than that of the child's parents. But
what legal rights do these grandparents have? How, if necessary, can
they obtain custody of these grandchildren when one or both of the
child’s parents dies or refuses take care of the child? These questions
have been tricky ones to answer for the State of Illinois. On the one
hand the State does not want to interfere with the rights of parents and
their right to raise their child. On the other hand the interest of the
child is paramount. So what is a grandparent to do?
The county courts have the power to decide custody issues in the State of Illinois. The main focus for the court, however, even while trying to protect the rights of the parties involved, is on the best interest of the child. This means that just because the grandparent feels they can do a better job raising the child than the parent or that the grandparent feels they have a right to the custody of the child, the court will not necessarily grant it to them There are times, of course, where the best interest of the child would be served by placing him or her into the custody of their grandparents. There are a few ways to do this and the simplest, though probably not easiest, way is through the consent of the parent or parents. If the parents have voluntarily relinquished the physical custody of the child, the grandparent may be given custody. But in the event that the parent or parents do not relinquish custody the process becomes more complicated.
In any event, however, the grandparents will have to file a Petition for Custody with the court in the county where the child resides. There are only a few times when a grandparent would be allowed to file this petition. One such time would be if the child were not in the custody or possession of either parent at the time of the petition. This can be more difficult to establish than one might think at first glance. For example, even if the child is staying with the grandparent at the time the petition is filed the court may not find this to be enough if it was a temporary arrangement and the parent or parents only allowed it so he or she could find a place to live or work. Each situation is different and would need to be looked at carefully by the court to determine if it qualifies.
Another time where a grandparent may file custody petition would be in the unfortunate event that one of the child’s parents dies. Only the grandparent who is the parent of the deceased can file in this situation. However, even in this circumstance the petition can only be filed if one or more the following three circumstances occurred. One, if at the time of the parent’s death the surviving parent had not been at the home the family shared for more than a month without the deceased parent knowing where the other parent was. Two, another possible circumstance would be if the surviving parent is in the custody of the state or federal government (i.e., jail or prison). The third and last possible circumstance is if the surviving parent had at some point caused bodily harm to the deceased parent or violated a protection order.
This petition will just get the grandparents foot in the court room door in the process to obtain custody. A good attorney is vital in understanding all of what is required for a grandparent to obtain custody of their grandchild. If you are involved in a custody dispute, you need a lawyer to protect you. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.
The county courts have the power to decide custody issues in the State of Illinois. The main focus for the court, however, even while trying to protect the rights of the parties involved, is on the best interest of the child. This means that just because the grandparent feels they can do a better job raising the child than the parent or that the grandparent feels they have a right to the custody of the child, the court will not necessarily grant it to them There are times, of course, where the best interest of the child would be served by placing him or her into the custody of their grandparents. There are a few ways to do this and the simplest, though probably not easiest, way is through the consent of the parent or parents. If the parents have voluntarily relinquished the physical custody of the child, the grandparent may be given custody. But in the event that the parent or parents do not relinquish custody the process becomes more complicated.
In any event, however, the grandparents will have to file a Petition for Custody with the court in the county where the child resides. There are only a few times when a grandparent would be allowed to file this petition. One such time would be if the child were not in the custody or possession of either parent at the time of the petition. This can be more difficult to establish than one might think at first glance. For example, even if the child is staying with the grandparent at the time the petition is filed the court may not find this to be enough if it was a temporary arrangement and the parent or parents only allowed it so he or she could find a place to live or work. Each situation is different and would need to be looked at carefully by the court to determine if it qualifies.
Another time where a grandparent may file custody petition would be in the unfortunate event that one of the child’s parents dies. Only the grandparent who is the parent of the deceased can file in this situation. However, even in this circumstance the petition can only be filed if one or more the following three circumstances occurred. One, if at the time of the parent’s death the surviving parent had not been at the home the family shared for more than a month without the deceased parent knowing where the other parent was. Two, another possible circumstance would be if the surviving parent is in the custody of the state or federal government (i.e., jail or prison). The third and last possible circumstance is if the surviving parent had at some point caused bodily harm to the deceased parent or violated a protection order.
This petition will just get the grandparents foot in the court room door in the process to obtain custody. A good attorney is vital in understanding all of what is required for a grandparent to obtain custody of their grandchild. If you are involved in a custody dispute, you need a lawyer to protect you. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.
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