Legal Question in Family Law in Illinois
who legally can take the kids
My son and his girlfriend have taken care of her mom and brother and sister for 10 years. The mom was on disability and needed help so they lived with her to help. She passed away 3 days ago and now the dad has reappeared wanting to give the kids to his parents. She had sole custody and asked my son and her daughter to take the kids when she passed. Does the dad have legal rights to come and take the kids from their home. The dad doesn't even want them to live with him he is going to split them up between his family. He thinks he can get her social securityand we believe this is the only reason he is doing this. What can we do? The kids are 11 and 13 and do not want to go to the dad's parents. They want to stay where they are. Thank you so much for your help. We are desperately looking for answers so we know what we can do legally.
2 Answers from Attorneys
Re: who legally can take the kids
The older brother should file for custody. The court will take into consideration that the 11 & 13 year olds want to live with the brother. It is expensive, though. Please call for an appointment.
Re: who legally can take the kids
This is a very sad situation. However, if the father has had very little to do with their upbringing and they have lived with their older sister all of these years, the sister has a pretty good chance to win in court. The court is likely to choose a remedy that is leat disruptive to the kids. I know of a lawyer in Lansing, which is not very far from you.
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