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Grandparents' rights to see child at center of Illinois dispute

Child custody disputes in Illinois are often contentious and difficult with emotions and other factors coming into the process. This is particularly true when the case involves grandparents' rights and one of the child's parents has died. Making certain to protect fathers' and mothers' rights as well as the rights of other relatives can be one of the most important parts of a child custody case. For that, having legal help is a key factor.

A woman whose husband and the father of the child was shot and killed by the mother's grandmother is in the midst of a custody dispute with the father's parents over her nine-year-old daughter. The child was removed from the mother's care after the mother was placed under arrest for failure to adhere to Illinois court orders that she allow the grandparents to exercise their visitation rights. She was arrested in Massachusetts. The mother says that the child has been pleading to stay with her. The paternal grandparents allege that the child is perfectly happy living with her paternal aunt. The mother seeks to have the child returned to her and is willing to allow the grandparents to have visitation. A court date is upcoming.

Any child custody case can have complex matters that must be sifted through and negotiated. In some cases, there is a unique situation with issues that do not normally come up. An example is if there is violence or other criminal acts that led to the disagreement. Grandparents have the right to seek to have visitation or even custody of a child depending on the circumstances. A parent might disagree with allowing visitation or might want to have primary custody. Regardless of the individual details of a case, legal help can be beneficial in determining how best to go forward.

In this case, the situation is complicated with the father having been shot and killed by the mother's grandmother. The paternal grandparents want to have visitation with the child and the mother has been arrested for not following a court order. While this case is unique, disputes are not. Others who are embroiled in a complex case involving child custody should make sure they protect themselves with assistance from an attorney.

Source: Fox Illinois, "Mother Raising Money And Fighting For Custody," Esther Kwon, Dec. 1, 2016

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