Seeking Gaurdianship

[HillyNae]

My sister-in-law is mentally unstable. She is Bi-Polar. Almost every night she calls my mother asking if my mother or sister can keep her 1 year old little girl over night because she can't handle her. My brother works from 3p.m. to 11p.m. and sometimes works until 3a.m. My sister would like to try to obtain guardianship of the baby to provide her with a stable home free of constant arguing. How should she go about this? We live in Illinois.

 

[irish223]

Your sister has almost zero chance of getting guardianship unless your brother is as unfit as you believe your SIL to be. AND, she would have to prove it.

Why not just talk to your brother and see if something can be worked out that would benefit everyone?

 

[HillyNae]

As great as that would be, I realize I have left out some information. My brother is not unstable at all. He loves his daughter. He refuses to leave his wife since she has been diagnosed. He says he wouldn't leave her if she had cancer and he won't leave her because of this. They fight all day long. About a month ago they were both arrested for domestic battery (against each other). All charges have been dropped. While in jail her parents had the baby. They continued to have the baby for 2+ weeks after that because the parents' house was unfit for the baby to be in.
On top of all this, they both have other kids. She signed over guardianship of her other daughter to her parents as she couldn't care for her and didn't want to care for her. My brother has 3 kids with his ex. His ex went to prison for drug manufacture and both my brother and his ex sign custody and guardianship over to his ex's mom.

 

[irish223]

Unfortunately, I still think it will be an uphill battle unless your brother agrees to it. However, the following link provides information on the process:

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=5025