Chicago, IL asked in Family Law and Child Custody for Illinois

Q: my nephew ordered by court to live w/ dad 4 mo now & dad wont let aunt or grandma see or speak to him

Parental responsibility was given to the father because mother has substance abuse problem & she has open cases for driving with no license and open alcohol in the car she had my nephew with him

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1 Lawyer Answer
Jason L Traub
Jason L Traub
  • Divorce Lawyer
  • Yorkville, IL

A: If the court ordered the child to return to live with his father, the child's aunt and/or grandmother do not have any rights to intercede, short of the child being put in danger. In the event the child is endangered, and the aunt/grandmother have some evidence of the endangerment or good reason to believe the endangerment exists, the aunt/grandmother should make a "Hotline Call" to DCFS to report the abuse.

If the child is taken away from the father due to abuse or neglect, the Aunt/Grandmother may then petition the Court for temporary or permanent guardianship over the minor.

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