Legal Question in Family Law in Illinois

does sister in law have ties to my daughter

My brother-in-law was diagnosed with cancer and has been given 6 months to live. His wife is threatening to call DCFS on us for neglecting our daughter. I work 30-35 hours a week and go to school full time. My husband works 40 hours plus does side work to bring in extra money. She came over last night and told us we do not deserve our daughter and she would fight us for full custody. Any help you can give us would be appreciated.


Asked on 4/04/05, 6:22 pm

1 Answer from Attorneys

Michael Perez Law Office of Michael A. Perez

Re: does sister in law have ties to my daughter

Tell her to mind her own business and keep her away from you and your family. As long as your child is well cared for she has nothing to complain about. The fact that you both work does not mmake you bad parents. If the child is left alone under a certain age may cause you trouble but if the child is with an appropriate sitter or of anage to be left alone, you have no worries. You can't of course prevent her from making a complaint but that is a long way from losing your child to a stranger. According to the law your sister in law and her husband are strangers to te child. If after a long process the court found you both unfit AND unable or unwilling to change your ways to correct the problems, someone else may be able to obtain possession of your child.

It has to be a serious situation for the DCFS to resort to this action. The child's social, emotional or environmental well-being must be at stake. For instance if left alone for long periods of time (like the parents who went to Mexico on vacation and left the children home for two weeks; or the parents were drunks or drug addicts activley using; or the household was unclean or dangerous. These would be situations that could cause problems.

My short answer to your question is that your sister-in-law has no shot at taking your child. I work in this area of the law. If you need help call me 773 772-8989.

Michael A. Perez

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Answered on 4/04/05, 10:43 pm


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