Legal Question in Family Law in Illinois
baby dead wtith mother who remarrid, left survivors
My son has two children with ex wife
She had been remarried for three
months prior to her 4 yr old boy
and herself died in car accident.
There is a biological sister and a half
sister (father died years ago,)
therefore now has no parents. Who
has rights to the survivingr children?
Children were not adopted by new
husband
2 Answers from Attorneys
Re: baby dead wtith mother who remarrid, left survivors
The person who puts in a petition for adoption or guardianship will begin the process by which the court will determine that. I recommend that if you want to adopt the children, contact a lawyer about filing for adoption. Many times, the person who is assertive and files will get the children as the other people will not respond, or deal with the legal notices.
Re: baby dead wtith mother who remarrid, left survivors
The Illinois Probate Code allows "anyone" to file for guardianship of a minor child. However the courts are most favorable to members of the child's immediate family. Your question is somewhat confusing but I gather the the deceased child had a biological sister and a half-sister (with a deceased father). First in line for physical custody or posession of these kids would be any living biological parent so I would think that your son would be first in line and he should immediately make every effort to claim his children. The children which are not his will be subject to guardianship proceedings unless there is another living parent. He may also try and obtain guardianship over the half-sibling, however, that child's grandparents or anyone else may also petition the court for guardianship.
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