Legal Question in Family Law in Illinois

I have a 13yr old granddaughter that wishes to live with us and not her Mother and Step-(worthless) Father. She is a all but straight A student and very mature for her age. It is basically a Cinderella type story with a wicked step father instead of step mother. When she returns from school, it is sent straight to her room until time to eat, when finished eating it is back to her room until time to go to school with only bathroom breaks allowed. The only exceptions is when the step father is for some reason in a generous mood or he is gone from the house and her Mother allows her to come out. When any money is needed, they sell her stuff to get the money. Her Mother only keeps her for the government assistance, she loves her young husband more than her own child. My granddaughter is constantly asking me to allow her to live with me and her grandmother, which I have asked her Mother but refuses...until around the age of 16. I guess this is when she figures she will have trouble stopping her from leaving on her own. I cant stand just sitting back and watching my granddaughter fall into depression. Is there anything that can be legally done? I love my daughter, but my granddaughter deserves a family that WANTS her for all the right reasons such as love, not because of $$$ signs. I want nothing out of my daughter but for my granddaughter to be happy and to get her wish. She is not physically abused, just mentally from both of her parents/step-parents. Her biological father has had nothing to do with her for 10 years so he is out of the story. Any advice would be greatly appreciated.


Asked on 6/03/14, 1:56 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You don't give any indication of where you live but regardless, the reality is that as long as your granddaughter is living with a natural parent who is willing and able to make decisions in her best interests that you have little or no chance of getting custody. Also, despite bio-Dad's absense over the years, he is not out of the picture until your granddaughter is 18 and would most likely be given preference over you if it was found that your daughter and Step-Dad were not fit parents.

My best advice is stay in the background, don't make waves and be emotionally available to your granddaughter as needed. If you create a conflict of this nature with your daughter (Mom), you will only end up alienating your daughter and she will respond by denying you access to your granddaughter.

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Answered on 6/03/14, 5:10 pm


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