630-584-4800
Sometimes, parents prove unwilling or unable to take care of their children. In these scenarios, there are several options for the children to receive care, but one that is becoming increasingly common is for a grandparent or grandparents to step in. According to official state estimates, there are more than 100,000 grandparents raising their grandchildren in Illinois. If you are in a position where you may decide to raise your grandchildren, there is a process to follow to ensure everything is legally sound.
Obtaining Physical Custody and Parental Responsibilities
There are several different options for grandparents to obtain physical custody of their grandchildren and decision-making authority regarding their well-being. The one that is most commonly used is to bring an action for parental responsibility under 750 ILCS 5/601.2, which is part of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). There are two scenarios under this law in which a grandparent could conceivably obtain physical custody. The first is if the child is not in the physical custody of their parents—for example, if the parents are both deceased, or if one or both parents voluntarily abandoned the child. The second is if one parent is deceased and the other is missing or incarcerated. If either of these applies to your family situation, the IMDMA is likely the best law under which to bring your petition.
However, if neither of these scenarios is applicable, for example, if the child is still in the custody of one or both parents and there has been no willing relinquishment of parental responsibilities, other Illinois law statutes may offer a better option. Most often, these cases will fall under the Juvenile Court Act, wherein a parent must be proven unfit in order for a grandparent to gain custody. Grandparents pursuing this option should be aware that Illinois is one of the few states in which parental rights can actually be regained after losing them, though doing so is a difficult and laborious process.
Any time parents have a child and are not legally married, they have a number of issues to address when it comes to the child’s rights and future. Establishing legal
There is a long-standing debate among psychologists and in
Sometimes, life changes unexpectedly. A new job, new relationship, or death in the family may necessitate a move, but relocating your family is almost never easy. Moving with your child can be especially difficult during or in the wake of a divorce, as Illinois law places restrictions on
In recent years, the number of Americans who have gotten remarried after getting divorced has increased quite dramatically. The Pew Research Center reports that 40 percent of new marriages in 2013 included at least one spouse who had previously been married before. Having children from a previous marriage is not out of the ordinary, and blended families have become common in American society. In some blended families, the non-biological parent may want to legally adopt their spouse’s children. This is called a related adoption or, more specifically, a
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
