Legal Question in Family Law in Illinois

i am the biological mother of 13 year old but his dad has had residential custody in our joint custody order. he got in serose legal trouble and has an alchol problem that got him there. so i filed a petion to modify to get residential wile the dad was in jail. the day of court the grandparents (his parents)have asked for guardianship, sday he has sighned temp. custody to them what legal grounds do they really have and why dosent the child just revert back to me with his dad incarcerated and having given up custody temporarily


Asked on 2/04/10, 12:53 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Children do not just revert, unkless the agreement says they do, You need representation to contest the guardianship, as a guiardianship trumps a divorce judgment.

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Answered on 2/09/10, 2:23 pm
John Steele Steele Law Firm

You need to get a family lawyer and fight the guardianship, preferably as soon as possible. Once guardianship is established, your fight will get much harder.

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Answered on 2/09/10, 2:33 pm


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