Legal Question in Family Law in Illinois
My mother is petitioning for guardianship of my 11 year old daughter. My daughter and I lived with my mom til 2007. Due to severe conflict between my mother and I, our counselors suggested I or her move out. My mom constantly degraded me in front of my daughter. Was always putting down and disagreeing with my choices as a parent and in life. I was attending college full time, and working full time. My mother and I verbally agreed that until I finished my degree, that it would be in the best interest of my daughter for her to reside at my mom's home. That my mom act as full time caregiver in my absence. That I continue to see my daughter on a regular basis when I was not in school or work. Which averaged to weekends and one or two evenings a week. That I pay my mom $500.00 a month, plus extra expenses for my daughter's needs and care. That I still make all medical and school decisions, except in my absence. I wrote my mom a notarized letter that stated she was the full time caregiver of my daughter. That she had permission in my absence to make medical and school decisions, and sign necessary documents if I could not be contacted. I stayed fully involved in my daughter's medical, school, and social activities throughout. Well all this all worked the 1st year. The 2nd year my mom started taking advantage of the letter. Making Dr. appointments without my knowledge, keeping my daughter home sick without my consent, setting up teacher meetings and telling me afterwards. I tried to take back charge and thought about quitting college. I was slowly pushed out of my daughter's life. My days off she was always preoccupied with plans my mom set up. The school and her peditrician learned to check with me before listening to my mom, but I was afraid to take away the letter in case of an emergency. I had already taken out thousands of dollars in student loans and I felt getting the degree would benefit my daughter and my future. I wish I could turn back time. I went to start looking at apartments and new schools with my daughter as soon as I graduated in 2010. My mom freaked out, setting stipulations where I could move and with whom. Since then my mom stalled my posession of my daughter pleading to let her finish grade school at her district. I agreed. Then this spring 2011 as soon as school let out, I got served with a petition for guardianship. And my 11 year old suddenly out of the blue started stating that she remembers me abusing her from ages 5 to 7 years of age. That she wants to stay with her grandma. I have not been allowed to see my daughter throughout this legal process. I had 1 supervised visit and my mom told my girl that it was too far, and the car would break down. By the time my daughter got to the visit she was hysterical and insisting she did not want to come to anymore. I DID NOT ABUSE MY LITTLE GIRL< EVER!!!! My daughter suddenly refuses to talk to me. My daughter was very excited and happy that I finished school and was very eager to go with me. She has told me many times her grandma tells her, "If you leave you cannot come and visit because it will be on mommy's terms, you cannot take your things with, you cannot take your pets with." And now she has my daughter remembering and saying things that never occurred. The last court date my mom tried to say I voluntarily relinquished my rights by leaving her there for 4 years and giving the caregiver letter each year. The judge reinstated my visits through some school of psychology that I can have psychology counsel meetings with her. Now a hearing to determine if voluntary relinquishment was ever done is set for November. What is going to happen? I cannot afford a lawyer, I cannot get legal aid, the aid places say its too complicated. Oh, the allegations were all unfounded by DCFS and the home investigation went great I think. My daughter has a GAL, and my mom just hired a private lawyer. I have nothing but my mom's manipulation of my daughter's mind against me. Never arrested, never did drugs, not a heavy drinker...etc. I cannot afford a lawyer! I NEED HELP!!!!! Please someone help!!!
Sincerely Illinois Single mom, that wish she never went for her degree!!!!
1 Answer from Attorneys
This is a question for a probate attorney, not a family lawyer.