Legal Question in Family Law in Illinois

Do psychological parents have rights?

My fiance has guardianship of his son. He also has guardianship of his son's little brother in order to keep the siblings together. We fought long and hard to get them. They have lived with us for 2 years, and they only know me as ''mom''. Unfortunately, ''dad'' has a drinking problem, and some other personal problems that I no longer care to deal with. I don't want to lose these boys. They are like my own. They come from a fostercare home in IL, and the mother has visitation rights. I have been the ''mother'' to these boys for 2 years, and have cared for and loved them as my own. This is their home. They are established here. They are both in school, and are familiar with things here. If I were to tell him to leave, is there any chance that I can keep these boys as both biological parents have problems? I hate to keep a relationship going that is bad all the way around but if that's the only way I can keep those boys...its a tough call. He's not supposed to be drinking, but he is, he's done drugs, she's always being tested. Its an awful situation and this is the longest and most stable place these boys have been. They are very attached to everyone here.


Asked on 1/16/06, 10:25 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Do psychological parents have rights?

I know under Michigan law, you may lack standing to get "custody". However, why not meet with the biological mother who clearly has problems and attempt to work out some arrangement. William S. Stern

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Answered on 1/17/06, 7:05 am


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