Is this really happening and is it even legal ?

D

Desperate mother

Guest
Jurisdiction
Illinois
My daughter lives in Illinois and being newly married with her first child and another on the way she got overwhelmed. She calls me and ask if we could move to Illinois and help them out. We was not able to move just then so my mother, her grandmother went on up to help out and in a couple months she had decided to move on up so my dad was going to go up Also and in a couple months they would come with moving trucks and at which time my husband, son and myself would move also. Well when my father went to go up,my son who is very close to his grandparents, wanted to go up for the rest of his summer vacation. I allowed him to go. So around the end of July things were going great and my parents called and said that they was going to be down within the next few weeks to officially move and get us also. With that they said that school in Illinois began the first part of August which is way sooner than he would start here and ask if since we was moving up soon if they could keep him there and get him in school I agreed so my daughter tried to enroll and she was unable to do so without a paper giving her such rights. I signed an generic temporary limited guardianship paper for school and medical only and sent to her. This was never threw the court. Well unfortunately a few weeks later my parents and my daughter had a falling out and she kicked them out. They came home but she refused to allow my son to come back with them. She was hoping that my husband and I were still going to move up with her. Given that my parents are in their 60s and we had not done what we normally did that was needed to get thru the winter I felt I couldn't leave them in that situation. I discussed this with my daughter and she wanted us to try and get everything done in the month we had left before bad weather set in. We tried wholeheartedly and didn't come close. So there was no way we was gonna be able to move so I told her I was coming after my son. When I got there she refused to allow me to take him the law was called and they wouldn't allow me either. I had given her a written letter revoking what she was given. I went to the courthouse and filed for a order of protection on behalf my son and filed for immediate physical custody also.I was told after I filed it that the judge was tied up and would see me as soon as possible. She sent me to a room to wait. Well while I waited for the oop hearing. My daughter filed for a oop and temporary guardianship hearing on me. She had her husband hand deliver the hearing paper to me as I was awaiting the judge. The hearing for the temp guardianship was in two days. Finally a couple hrs later I get to see the judge. I go in and the judge dismissed both oop that we had filed against each other then proceeds to grant temp guardianship to my daughter until march when the next hearing will be. I spoke up and said to the judge that I did not know that we was here for the guardianship hearing that only a couple hours ago was filed and set for two days from now. I just found this out and wanted to hire a lawyer before hand. I was told that I was here for the oop hearing. She didn't care and said well I'm sure you can get a lawyer before the next hearing in March!! Is this even legal and what can I do now ?? Plz help
 
It might be legal.
It might be a mistake.
It coud even be illegal.
Whatever it is, or isn't won't be determined anywhere except in THAT courtroom sometime in March.

I suggest you talk to a few attorneys in the county in Illinois where the hearing is to be held this March.

You should then hire a lawyer, and if you're lucky, maybe you'll be able to fix this train wreck; sooner, rather than later.
 
So long story short, you gave your daughter guardianship of her brother, he is enrolled in school there, and you have a hearing in March to determine a longer term outcome. Judges are very loathe to alter the living arrangements of a child without good reason. Your recent decision not to move after all was not determined to be such a reason. A short time ago you felt it was in his best interest to live with and be cared for by your daughter. That carries substantial weight. It might be in your son's best interest to finish the school year where he is.
 
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