Legal Question in Family Law in Illinois

I have a 14 year old child that has been living under the guardianship of her maternal grandmother..awarded by a judge without my knowing when she was only 2 years old. I have my reasons for not fighting for her in the past, (her grandmother was very aggressive and threatening)..she has now run away from her Illinois home and I am living with my wife and 4 children in Florida...she continues to say she will keep "messing up" and not going to school until she can be with me. She is living in the streets and I just want her to come and live with me. Paternity has not been established but I am willing to do this ASAP. Whatever I need to do to get her here, and safe. I do not want to have her grandmother trying to put me in jail for kidnapping if she comes down here. Her grandmother does not like me or my family so surely she will push any fighting issues. Please advise! Do I send for her since I am and know I am her biological father? Or does the grandmother win, and my babygirl is just going to have to continue missing school and living out on the streets?


Asked on 3/29/10, 9:45 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

If the grandmother has been appointed the legal guardian of this child, then you might be commiting a crime if you remove the child to Florida. I would suggest that you hire an attorney to file a paternity suit in Illinois, and ask for custody when you are determined to be the legal father of the child. This may involve terminating the existing guardianship as well, but under the circumstances you describe it seems likely that you would prevail.

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Answered on 4/05/10, 3:31 pm


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