Legal Question in Family Law in Illinois

Grandparent want to see grandchild again
My husbands son has a 2yr daughter, never married the mother. The father and mother are no longer together, there has been no court papers on custody for the child. The mother has agreed to give us legal visitations to the child. The father does not want us to see her. We have had her everyother weekend since Oct. '07. How would I fiel this, and would like to do it without an attonery since mother agrees to it. Since there has been no legal custody set for this child would we just have to petition the mother? And how would we draw us the petition? We just want to see our grand daughter again. Haven't seen her in a few weeks for the father threatens us and the mother if we get her. He is mad for we kicked him out of our house when he was living with us. And I have text messages of him stating we will never see her again. And I have emails by the mother for us to come and get our granddaughter any time. But she wants to stay out of the middle of it and is willing to go through the courts.

Asked on 12/10/07, 9:53 pm

2 Answers from Attorneys

John Steele Steele Law Firm

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Re: Grandparent want to see grandchild again

Simply put, you have a complicated custody situation. On your side is the fact that grandparents do have legal rights in IL. On the other side, you will have to establish your rights in court, and get a custody order giving you a defined right to see your grandchildren. Relying on the mood swings of others is not healthy for the child's stability, and your sanity

Answered on 12/10/07, 10:03 pm

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