Legal Question in Family Law in Illinois
Custody for Grandparents
Our son has left his wife of 7 years, they have 2 children age 8 and 3. They have a very limited income. He is living with another woman. His wife is demanding that he can not take the kids to his home around the other woman, there has been no papers of any kind filed. She told him she is getting an order of protection against his girlfriend so that the kids will be unable to go around her. He has done no harm to anyone other than committing adultry. If he gets the kids and keeps them not letting her take them back can he file for a petition of temporary custody or would he be doing an illegal act by not letting her have the kids back before any papers are filed? Also if this comes to court and she does not want him to have visitation or trys to take everything what are my options as grandparent in trying to prove her unfit and asking the judge for complete cutody of the kids with the parents only getting weekend visitaions. She is making no bones about running the bars and driving while intoxicated. SHe just has not been caught. Are photos of her in bars late nights and driving under influence submissible in court for custody battles. SHe is also a chronic lier regarding the children and their health.
THank YOu.
1 Answer from Attorneys
Re: Custody for Grandparents
Hello. This is quite a problem. Under these
circumstances, your son should file a petition for dissolution of marriage, or legal separation. Your daughter-in-law seems out of
control now that your son appears to have romantically moved on. It is now time for the court to be brought it so that the issue of custody of the children can be legally handled.
Legally, as a grandparent, you will probably have no "say" in terms of what a court will do
in a custody battle. However, you may file a
petition to intervene, if you honestly feel that
mom and dad are unfit at this time. If the court grants your petition to intervene in your son's divorce can; your in!! Right now
your son and the kids need as much help and support as possible, since mom is running the bars and driving while intoxicated. Will be happy to discuss this with you further.
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