Legal Question in Family Law in Illinois

I am trying to get custody of my sisters children. My sister and the father are not fit to raise the children the father is Ilegal and has been arrested on many occastions and the mother my sister is not stable. the children have been living out of a hotel and there has been many DCFS charges for both parents. I need help to get the kids by next week.


Asked on 11/13/10, 3:25 pm

1 Answer from Attorneys

You have no right to demand custody. The law considers you a stranger in this situation. However DCFS can arrange for a "relative placement" (relative being a family relative) if they find abuse/neglect and an immediate endangerment to the children. So you need to work with DCFS. Now if the situation is more serious and you believe your sister is so unstable as to be disabled, you might be able to attempt to establish guardianship over her and then be able to make decisions about the children -- but that's only her side. As to the father there's INS, but until you have a right to interfere with the children legally, you can not do much as to the father's rights either, especially if he is paying child support and has visitation rights, and even more so if they are married, which you do not say. You will need a lawyer to help with all of this because there are many pieces that will have to fit together. GOOD LUCK.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/18/10, 5:06 pm


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