Legal Question in Family Law in Illinois

Ok so my husband's brother has 3 kids with a woman whom he is no longer with. A 7 year old, and 2 infants. They were not married and they have not gone to court for custody or anything. She handed the kids over to him because she is homeless right now and DCFS found her to be neglectful. She is also disabled and has no license and can not get a job. The 7 year old stays with the father's mom during the week so the dad doesn't have to get the babies out to take him to school.

Anyways, she is going to be getting an apartment through public aid or something like that. She says that she is going to get the kids and not let him see them except maybe on the weekends. But the DCFS case worker said that if the father doesn't want to give them back to her to live with her then he doesn't have to because what she did was cosidered neglect, and the kids can still live with him.

So basically what I am asking is does he have the right to tell her that he wants to keep the kids at his home, and it work if she wants to press the issue?

-Thank you for your time,

Christina


Asked on 1/14/11, 10:28 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Yes and no. DCFS is not a judge. If there is a neglect finding by a court with an order giving him the kids, he can keep them. If there is no court order, then he should file something to obtain legal custody immediately, while he has the upper hand.

Read more
Answered on 1/24/11, 4:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois