Legal Question in Wills and Trusts in Illinois

I do not have gaurdianship of my grandson although his mom is not in the picture his father and myself have been raising him for years. We are currently going through a hearing we are trying to get the gak and gaurdian of the estate terminated for not following their responsabilities. The judge refused to let me represent my son at the hearing he said I have no stance! And the opposing attorney contacted my supenaed witness and told them she did not have to show up in court is this legal? How can I represent him?


Asked on 9/16/14, 2:32 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

It appears that you would find your interests better advanced with the help of an attorney. If you cannot afford an attorney, look for a volunteer organization which may be able to assist you. Your local bar association may be able to provide some names.

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Answered on 9/16/14, 7:26 am
Henry Repay Law Offices of Henry Repay

I agree with Attorney Prihoda. You would be best served with competent representation.

If your grandson's father is alive, there should not be much that anyone else can do unless he consents or there are some negative circumstances in the father's life that would impact his ability to parent. I am not sure if that is part of the unstated background here.

With the limited background, it is hard to say, but the judge has basically told you that you do not have any stake in the matter at this time. You do not have standing. That there is not anything that you have right now that gives you any more right to address the court or use subpoena powers than some total stranger. You are not clearly stating what the case has been about (who filed, when, what they are saying), so it is hard to say, but it may be that you would be in a position to file a cross-petition or other pleading that would then give you some stake in the matter (subject as I said, to the father's paramount rights).

I do not know what the GAL has done as far as an investigation or recommendation, but I assume from the limited background that he or she should be interested in what you as a relative have to offer and in learning who else may have useful information. The GAL should be looking out for the best interests of your grandson.

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Answered on 9/16/14, 8:12 am


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