Legal Question in Family Law in Illinois
How do I get a child custody case transferred from probate court to domestic relations court? my late husband died in the middle of a divorce and I want the hearing to be in that court rather than probate court. Is there something I can do pro se to get the case moved out of probate court?
1 Answer from Attorneys
Once your husband died, the divorce proceedings died with him. That includes any issues of child custody or support. All financial issues including division of his assets then belongs in the probate court. Once the dissolution (divorce) action is dismissed, all temporary court orders are also vacated, and child custody will revert to you as the surviving parent. If there is a child custody matter before the probate court, it is likely that a third party has filed papers to become your child's guardian. That sort of petition will remain in the probate court until resolved.