Legal Question in Family Law in Illinois

I filed for divorce in 2002; there was joint custody visitation agreement entered into the divorce proceedings in 2004; in 2005 I got sick and in 2006 my husband moved into my townhome. it didn't work out. the divorce sort of drifted away. I could have it restated but my husband died. i looked the case online and the divorce is still there; it has not been dismissed & my eldest daughter wants custody of my minor daughter, or rather guardianship. is that 2004 custody agreement still in full force and effect. i never entered a reconciliation order; someone said yes but then the next day he said no the custody order was not in effect; My husband moved out and took our minor child and was running around telling everyone he has sole custody. The divorce never went through since he needed the health insurance. So the eldest is trying to say that she wants the minor to take over for the father. She claims he had sole custody.

Anyway, that will all be dismissed with his death. I think, so does the custody order from 2004 stay in effect? Can i revive it somehow by reinstate the divorce?


Asked on 11/17/11, 6:37 am

1 Answer from Attorneys
John Steele Steele Law Firm

I am not your attorney and cannot give you legal advice. However, since your husband died prior to the divorce being final, you will no longer be able to continue the divorce proceedings. Even if he was granted sole custody, there is an assumption that you are a fit parent so you now have custody of the minor child(ren). If your eldest daughter wants to have custody/guardianship of your younger child(ren) she will need to petition the court.

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Answered on 11/17/11, 11:32 am


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