As a responsible grandparent, you have legitimate concerns about how your grandchildren are being raised. In truth, you think they might be better off with you than their parent. Can you get custody?
In Illinois, grandparents generally do not have standing to petition for custody except under a limited set of circumstances. The Illinois Supreme Court has essentially said that grandparents do not have rights to their grandchildren. However, in some cases, the grandparent will prevail.
Grandparents can petition a court for custody when a parent has died and the surviving parent falls under certain categories. Either the surviving parent has disappeared without word of his or her whereabouts, or the surviving parent is in jail, or the surviving parent was convicted of a domestic violence offense against the deceased parent.
Even if both parents are alive, you might still be eligible for custody if your grandchildren live with you, and both parents are either on drugs or are incarcerated. In these cases, the Department of Children and Family Services has usually become involved.
Often, a grandparent will consider custody when their child has died, and they do not have a good relationship with the surviving parent. Not getting along with the surviving parent or being barred from seeing your grandkids is not sufficient grounds for a change of custody.
If you think you might have grounds for custody, contact an experienced child custody attorney to review your case. An experienced attorney can evaluate whether your case falls within the narrow rules for taking custody away from a lawful parent. Often, the answer may be no. But if there is sufficient justification under Illinois law, you may succeed.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
