Legal Question in Family Law in Illinois

I left my children with their father and have learned that he's died. My children are 15 and 13, and I gave him custody of the eldest when we divorced but he was never given formal custody of the younger. I never gave up my parental rights. I now live outside of the country and learned that he gave guardianship to his sister in his will. I wasn't contacted about his death and learned of it through rumor. I would like to take my children and am unaware of what my rights are in doing so. The sister that my children are now with has a criminal history of theft and drug abuse, past and current. Since I'm outside of the country, I'd like to know if I can have my mother go and get them for me or if I must go there myself. I'd like to know if it his sister can attempt to fight me for the children, she has an interest in keeping them because of monthly disability benefits checks. I haven't been able to have contact with my children for six years because my ex-husband wouldn't allow them to speak to me and I'm not the kind to drag anyone through court.


Asked on 7/27/12, 11:29 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

If your children weren't important enough to you to visit them regularly and stay in touch with them so that you would have had immediate notice when you ex-husband died, they are not important enough to you for the court to send them to live with you now. If your sister-in-law fights you for custody, you are going to have a long and hard fight that you will have to be present for. Before you try and pick them up without a current court order, I suggest you think long and hard about what is best for them.

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Answered on 7/27/12, 11:39 am


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