Legal Question in Family Law in Illinois
what's the law say about the mentally ill caring for children
I'm seperated from a mariage in which I have 2 chidren from. My oldest duaghter is 8 and my youngest is 5. Since the moment they were born my mother has been helping my wife and I raise the girls. But since the seperation 2 years ago my wife has been trying to cut back further and further on our girls time with their grandma. Now she has recently inn light of me possibly moving out to the west coast is saying that after I leave my mother won't be able to spend any unsupervised time with my daughters. My mother is schitzophrenic but on here meds has gone as long as 15 years without any problems. My question is what does IL. law say about my mother being able to spend unsupervised time with her granddaughters?
2 Answers from Attorneys
Re: what's the law say about the mentally ill caring for children
It is an issue that is resolved by the courts - grandparents have rights, however, it is viewed in relation to the best interests of the child. So, they do have rights, but if your ex-wife is stating they cannot see her after you leave, your mother must go to court and assert her rights.
Re: What's the law say about the mentally ill caring for children
The mentally ill can certainly care for children if their illness is in remission or under control, or if their illness is unrelated to child care issues, or if their illness otherwise poses no threat to the well-being of the children. This is a matter a court would decide.
You and your mother may file a petition for her to obtain and exercise visitation. The court will conduct a hearing to determine whether such visitation is in the best interests of the children. Your spouse might resist on the grounds that your mom suffers/suffered from a mental illness, and if so, you will need to present evidence on that issue in support of your mom. Illinois law (750 ILCS 5/607(b)(1)) provides in pertinent part:
�The court may grant reasonable visitation privileges to a grandparent, great-grandparent, or sibling of any minor child upon petition to the court by the grandparents or great-grandparents or on behalf of the sibling, with notice to the parties . . . , if the court determines that it is in the best interests and welfare of the child, and may issue any necessary orders to enforce such visitation privileges. . . . a petition for visitation privileges may be filed under this paragraph [ ] whether or not a petition pursuant to this Act has been previously filed or is currently pending if one or more of the following circumstances exist:
(A) the parents are not currently cohabiting on a permanent or an indefinite basis;
(B) one of the parents has been absent from the marital abode for more than one month without the spouse knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.�
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