Legal Question in Family Law in Illinois

Last spring the mother of my grandchildren abandoned her children in SC. The father was on probabtion in Florida at the time, so because it would be an ICPC placement neither SC nor FL would approve it. The children were placed with us in Illinois as a kinship placement. The father went to the judge in Florida and asked that his sentence be converted to jail time so he would be able to leave Flroda and come to Illinois with his children. While he was incarerated, SC gave us permenent cusotdy of the children. The father is now out, living and working in Illinois and wants custody. We do not object to this, we are wondering what the process is and how long it might take

Asked on 5/09/13, 12:16 am

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Father will have to file a petition in Probate Court to be appointed as the children's guardian. This assumes that his paternity has already been established either by marriage or through the courts. Once he has been appointed their guardian, he can then ask to for full custody through either the domestic relations or parentage court. He should get a lawyer to help with the procedure.

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Answered on 6/03/13, 2:25 pm

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