Question in Illinois

[mcp6530]

Last September, the judge ordered that my daughter live with the maternal grandparents from sunday night until Friday night, and I get her every weekend. My daughter lived with the Grandparents for the first 21 months of her life. The grandparents and I made this agreement after their daughter died (the birth mother) and I found out I was the father, which was about 3 months into my daughters life.

At that time, I had dna done, found out I was the father, and went and got full custody of my daughter. So, during the next 21 months, my daughter lived with her maternal grandparents, in their home. I visited every single weekend, took tons of pictures, bought her clothing, supported her, took her for many weekends, had her for every holiday, and everything was going fine. I have emails between the grandmother and myself that prove that this was always temporary and not a permanent situation, as well as 7 witnesses to testify the same.

However, when our relationship began to deteriorate for several reasons, I said it was time for me to take her full time. I went to pick her up and they hit me with custody papers. Temp custody and permanent custody. I went to court, showed the judge my custody order, and got my daughter back immediately.

I had her for 4 months in 2003 until they moved the case to Cook County, this is where I got full custody of my daughter. In cook county, the judge said that since she lived with them for so long, she should be with them now and I can have her on the weekends. We motioned for reconsideration, modification, etc, even asked him to "stay" the order until we can have a full hearing on standing, but he denied it all.

I filed a motion to substitute judges based on cause.  The cause being that in pretrial the judge stated that no matter what evidence I produce, he will give the grandparents standing.   I won and received a new Judge.  We go in front of her April 27th to get a standing trial date.

Now, I am awaiting my hearing on standing to determine if they can even sue me for custody of my daughter. If it is determined that they do have standing, then they can sue me for custody. However, I'm about $40,000 into this battle so far, and just about broke and out of credit.

I want my lawyer to go in on an emergency motion now that I have a new judge and change this arrangement immediately. This weekend only arrangement has been in place since October of 2003, 7 months, and this is crazy.

In the eyes of the court, i don't have any rights since I let my daughter live with them the first 20 months of her life even thought we haven't had a standing hearing yet. I was just trying to do what I thought was right for her.

I am single, work full time, and I didn't want to have her in daycare 5 days a week. It was impossible for me to pick her up from the gp's every night and take her home, as they live 60 miles from my home. So, that's it. I continue to wait now for my hearing on standing and I continue to fall deeper in debt.

Those are the facts, the question is:  The judge was outwardly angry at me for not serving the grandparents when I got full custody of my daughter.  The gp's new about it, but I didn't serve them.  Is it law in Illinois to serve the people who are watching the child or the child's estate?


Thank you,
Marc

[socrateaser]

Nice vent.

It appears from my reading between the lines, that you obtained your custody order without an adversaral hearing by intentionally failing to serve the child's granparents, who had de facto physical custody, right?

And, this is why the judge is pissed, because the grandparents were entitled to notice of the action and an opportunity to appear and defend, AKA Due Process of Law. You now will waste money on a hearing regarding standing, because I can absolutely guarantee that the court will give grandparents standing based on the status quo custody arrangement.

A third party who has an established parent-child relationship has a cognizable interest the welfare of the child. They have the burden of demonstrating that you do not act in the child's best interests by obtaining physical custody.

Actually, on the facts, I think you have an excellent chance to obtain primary custody, as long as you give the grandparents liberal visitation.

Why  can't you come to a settlement on this issue? That's the real question here. The gps obviously are clinging to the kid because of the loss of their daughter. So, accomodate them and make some sort of settlement arrangment before they outspend you in court.

[mcp6530]

In Illinois, one who have to prove that the biological parent gave up possession of his or her child for an indefinite amount of time, among some other things, to prove they have standing.  We had an arrangement the whole time, and I have 5 witnesses and over 1100 emails to prove that this was always a temporary arrangement.  So, we're hoping that it ends at the standing hearing, because if it goes to a full custody battle, I will never recover financially.

The grandparents were supposed to have moved to live closer to me, but they moved further away from me instead, and so the drive between us is over 40 miles, approximately 1 hour.  So, they want my daughter two nights each week and every other week, basically split right down the middle, and I am not agreeing to that.  They can have her every other weekend and 1 day each week, but they will not agree to that, so that's it, we'll continue to fight in court i guess.  It sucks.

My previous attorney says that it is not the law to serve the grandparents in the proceeding, it's an interstate law, not intrastate, I was told.  Plus, I just found out I was the Father when she was 3 months old and I went to court and got full custody.  They knew about it all and I have emails to prove it.  Hopefully my day in court will come before my daughter reaches 18!

Thank you for your time.

Marc