Probate Court

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lovelove

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My jurisdiction is: Illinois

Do people go through probate court to gain custody of children? Which court should this be addressed in? My three nieces have been with me for about a year now, they are with DCFS in another county in IL but the caseworker, who is in Rockford, inferred that we should go to probate court to get custody of the children. We are in Cook County. Which county do we file the petition in? She did not know exactly what probate court was-which frustrated me more because why bring it up if you don't have the adequate responses to questions-and what right the parent, my sister, has in the decision of probate court. I am confused and wanted to know can we do that, go to probate court without the parents permission to seek custody? on what grounds? Does the mother have to give permission? What if she doesn't want to give custody? I am willing to keep the children I am only worried about my sister because I don't think she will give the children up totally...what are our other options to help her get her children back? or if that doesn't work how can we gain official custody without her objection. I know that I may sound confusing--sorry but I am slightly confused as to what to do???
 
I am not a attorney, Please note.

I am in Alabama, I had to go to Juvenile court here to gain custody, I also had to pay a attorney to represent me, I had to pay my great nieces attorney, she is the one I went to court for. My niece was served and she had a court appointed attorney, no money out for her to pay, but our case was proven that she was unfit, so we were awarded custody. The mother was given rights to visits every other weekend and certain holidays.... Yes, even though she was proven as unfit. If the person doesn't show up to fight against you, chances are here, that you will be given custody. But, you do need a attorney. This is how it is done in our state anyways. You will be awarded custody...now if it is permanent I do not know, I just know you will have all the rights to make decissions for the children, such as schools, Dr's, etc.
You really should speak to a attorney and get the information from them since you live in a different state from me, as my laws here may be different, or maybe someone else that knows your laws there, where you reside, will answer you also.. Good Luck Hun and May God Bless You for being there for the children!
 
Thank you...we already have a letter from the DCFS in Rockford stating that we have temporary custody which allows us to make those types of essential decisions such as the Dr. appointments and so forth...that is a good point that if we petition the court to gain custody and the mother does not fight then we will have custody. My concern and question is can she even fight because we have had them for nearly a year, she does make some attempt to progress but boy is it slow!! Thanks for the advice...
 
Start keeping track of all visits, how long, all the calls and the numbers she calls from, etc. She has the right to fight for the children, however pictures are worth a thousand words. If she is unfit, such as changeing jobs, changeing boyfriends, drug use, keep notes, and if you can show what she is living in. Has she given money to help raise the kids, if so, write how much given and keep copies for court purposes...All this will be helpful. Are the children happy living with you? Have pictures of them playing, smileing, laughing, birthdays, vacations, etc... All this will help you, not her.

You have to prove why you are better suited to take care of the children. She will have a harder time, especially since you already have temp. custody.

They will not take away her parental rights of seeing the kids, It is hard, I know. I hate that the mother of the child I have is able to pick her up and take her to her place, but it is her rights until I can appeal the Judges decission and prove she is a danger to this child and not doing what the courts ordered, such as child support or picking her up on time or dropping her off on time, Drug use, if any, and what her drug choice is.
Start a file, and keep up with it. This is what will help you the most in court. Also, make sure the children are up to date on their shot records..This is esssential!
Take that with you to show that you are taking care of the children.

If your sister is anything like my niece she will lie in court, be prepared, and she will say she was at your place visiting the kids alot more often then you say, so keep up with all the calls, phone #'s. time of call and the dates.
Witnesses are going to be your best defense. So, anyone who your sister knows and they know what she is like, these are the people you will need.
She will get a copy of your witness list, so make sure it is people who no longer will strike a conversation with her and wan't to be friends with her again... like maybe some she owes money to, or people like that. Talk to these people and let them know what you are doing and make sure they are okay to be called if necessary for a witness.

I had plenty of those kind of witnesses. My niece really burned some bridges here. Start saving money if you haven't yet, this will cost you in the courts, and talk to some attorneys and see who is use to taking cases like these. Call around, don't pick just the first attorney you come to. You want a attorney who has taken many custody cases like yours, going against a relative. Hope all this helps.
 
I think I understand your point Destiny19692006. I do want to be clear that I am only inquiring and this is no attempt to go and snatch my sister's children. The caseworker made it seem like we can just go in court and waalah the children would be taken away. I know better than to believe that, those are questions that I had for her and she did not have any answers. I am only asking for advice which I appreciate.

Now, what exactly should the caseworker be doing to help my sister if she is showing some willingness but just needs a push? If the caseworker deems that she is so unfit shouldn't she be helping her with some plan to get the children back? Of course, it is not solely up to the caseworker,my sister has a major role in that part, that I do know but I am just concerned because I have known of some cases where children were taken from a parent but the caseworker was a strong force in the person's life and eventually they did get their children back. I know that it will be ultimately up to the parent but what should the caseworker be doing on her part to reconcile the family, if anything? I just want to be clear I am in no way inferring that I want custody of my sister's children because she is totally unfit. There needs to be balance to this case. Of course if I seen that my sister was totally unfit then yes I would want the children out of her care. Everyone has strongholds and need to separate from unproductive company but that doesn't mean they are bad parents. I guess my overall question is this: What should the caseworker be doing to help reconcile the children? and what would be some logical and fruitful advice for my sister legally?
 
lovelove said:
I think I understand your point Destiny19692006. I do want to be clear that I am only inquiring and this is no attempt to go and snatch my sister's children. The caseworker made it seem like we can just go in court and waalah the children would be taken away. I know better than to believe that, those are questions that I had for her and she did not have any answers. I am only asking for advice which I appreciate.

Now, what exactly should the caseworker be doing to help my sister if she is showing some willingness but just needs a push? If the caseworker deems that she is so unfit shouldn't she be helping her with some plan to get the children back? Of course, it is not solely up to the caseworker,my sister has a major role in that part, that I do know but I am just concerned because I have known of some cases where children were taken from a parent but the caseworker was a strong force in the person's life and eventually they did get their children back. I know that it will be ultimately up to the parent but what should the caseworker be doing on her part to reconcile the family, if anything? I just want to be clear I am in no way inferring that I want custody of my sister's children because she is totally unfit. There needs to be balance to this case. Of course if I seen that my sister was totally unfit then yes I would want the children out of her care. Everyone has strongholds and need to separate from unproductive company but that doesn't mean they are bad parents. I guess my overall question is this: What should the caseworker be doing to help reconcile the children? and what would be some logical and fruitful advice for my sister legally?
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lovelace, I don't have the answer for that about the caseworker. I wish I could give you the answers you need. I hope someone steps in here and helps you on that. I know that is not the answer you wan't to hear, so I appologize I couldn't be of more help to you. Stay strong and I truly hope someone can give you the answers you need.
 
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