Sons Mother Passed and Grandparents Want Guardianship

[Katryn]

My question involves a child custody case from the State of: illinois!
Recently my husband childs mother has passed away. He does not have the best relationship with his son due to several reasons involving not having the 1 st years if his life to bond because he did not know he was the father. He has had regular visitation until about 5 years ago with several attempts to get him due to the mother denying it. Child support and medical coverage has always been up to date! So long story short grandfather wants guardianship over child as he does not work and has explained that he does not have the funds to support him. Does my husband have the right to take him and have him live in our home ?

[Dogmatique]

How old is the child?

Your husband has to ask himself a very important question here. Is it REALLY in the child's best interest to be ripped from the only surroundings he's known, to be placed with a virtual stranger?

Legally yes, Dad simply go in and swoop up the child.

But that might be the cruelest thing he could ever do, depending on the actual circumstances.

I do hope this is not about child support.

[Katryn]

I'm sorry I quess I did not explain enough. The child is not a stranger to my husband and also has a relationship with his brothers and sister! It just has been a on and off thing for the last few years but the child knows his father. And this is def not about child support as my husband as always been current in paying it. My husband also has had contact with the mother about the child and knows what happens with him! School wise and medical wise! Grandpa has asked for guardianship because the mother wanted to keep the kids meaning his older sister and him together but thr situation changed because his sisters father is taking her!

[Dogmatique]

I guess I'll ask again.

How OLD is this child?

How often, during the past 5 years, has Dad SEEN the child?

[Katryn]

He is 12! I'm sorry if u feel angry or whatever I am just trying to better understand this whole thing! He has seen his several times at his bb games school functions and also when he visits our other kids! He was always welcomed !

[Dogmatique]

So, he hasn't known Dad much at all since he was 7.

Now he's settled in a community with school, friends, and on top of the trauma of losing his Mother he's also at a really rough age to begin with.

Like I said - at the moment, Dad can literally go and get his son. Legally. But morally, he needs to stop and think about this.

[mmmagique]

What does the child say when asked? He did just lose his mother. Be careful with this.

[Katryn]

We understand the situation is tender and we have no intentions of ripping him away from everyone and everything he's comfy with ! We do have morals and care how he feels and what he Is dealing with . The child knows the situation but has not expressed how he feels to grandpa or us. He has talked with our other son who is also 12 and they go to school with each other that he wants to come over to see his bro and sister! So ... I thank u for ur opinion I'm just trying to understand lil better and see how to go about the situation so that way it's not gonna tear anyone apart!

[Dogmatique]

Have kiddo start visiting Dad at Dad's home regularly - that's the first thing, I think.

By rights, Dad does have rights to custody. The best transition for all, I think, will be gradual. It's good that both kids are in the same school district to begin with - that means one less transition to make.

I think this will work out for the best. If Grandpa actually files , do come back and let us know.

My condolences on the loss of your stepson's Mom. He's going to need you all now more than ever.