Legal Question in Family Law in Illinois

Temporary child custody

On Sept 6th, 1999, my wife and I, using the form provided by quicken family lawyer, gained temporary custody of our three oldest grandchildren, the mother, (our daughter) passed away last year. The father willingly signed the forms provided, per the instructions, no witnesses or notories were needed. However, school and health officials refuse to acknowledge the legitimacy of the declaration, making it near impossible to register the children in a school. How can we get these people to recognize us as the legitimate caregivers? the temp. custody is for the entire school year.Because, the custody was not adversarial, there are no court papers involved. What can we do? According to a d.c.f.s. caseworker that I spoke to, the children, aged 10,11,14, have the right to choose where they want to live, and therefore, don't have to return to their father, if they choose not to do so. Is this correct? How then, do we provide legal documentation for the parties concerned? (the children do not want anything to do with their father.)


Asked on 9/11/99, 10:46 am

1 Answer from Attorneys
Kimberley Klein Power Kimberley Klein Power, Attorney at Law

Re: Temporary child custody

There is no age in Illinois for children to decide where they want to live unless they are 18 or emancipated so I don't agree with the DCFS worker. You need to go to probate court and get temporary guardianship through the court. This will give you the papers you need for school.

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Answered on 9/14/99, 5:09 pm


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