Legal Question in Family Law in Illinois

My question is about a mentally disabled adult, 20. She recently moved in with her mother and does not want to live there any longer. She had lived with me and her father for 2 years. He recently moved to Virginia, that is why she lives with her mother now. Is she able to move out of her mothers house without her mothers permission? No one has guardianship of her. If that makes a difference. He sister that is 18 says that her mother treats the 20 year old horribly. No physical abuse. I am looking for a lawyer near my hometown but really need this queston answered. I live in Illinois and she lives in AZ.


Asked on 2/25/10, 10:02 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

This is a question for an Arizona lawyer - not an Illinois lawyer. If all parties lived in Illinois, if there is no guardianship of the person estate opened, then the adult can live anywhere she wants. Mother has no right to keep her. A Petition for Guardianship should be filed on behalf of the 20 years old. Then parent can fight it out in court as to with whom the child should live.

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Answered on 3/03/10, 4:26 am


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