Legal Question in Family Law in Illinois
Temporary Custody of soon to be Homeless Nephew
I live in Texas, while my sister lives in Chicago. She lives with the father of her 18 month old son (they are not married). Neither have worked steadily in a couple of years. They have not paid their rent in months. The landlords finally had enough and are taking them to court. They are pretty sure that they will be evicted by Friday.
I know at times, my nephew has gone with out wipes, milk, shoes, etc. I am aware of drug use in the house but have no physical proof (only what I have witnessed, along with other family members). The boyfriend is also physically abusive according to my sister, although she denies this now.
She refuses to accept help from my family. She has no where to go, no money, and says that all of the shelters are full.
Is there anything we can do to prevent my nephew from living on the streets of Chicago? Can we petition the court for temporary guardianship?
1 Answer from Attorneys
Re: Temporary Custody of soon to be Homeless Nephew
You can definitely petition to become guardians of your nephew. It is not that difficult of a process, although it would probably require one visit up to Chicago (in addition to any visits to pick up the child). You don't need physical proof of drug use, the judge listens to the various witnesses and forms his own determination about what is in the best interest of the child.
From what you describe, it sounds pretty likely that the judge will not find his biological parents are looking out for your nephew's best interest. Feel free to contact my firm for a free consultation and to see if we can help you.
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