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  1. #1

    Default How to Keep a Parent from Taking Custody Back from the Grandparents

    My question involves child abuse or neglect in the State of: Illinois.

    My husband and I have had our grandson for the last 2 school years. The grandson was in hospital back in early February, his mother spent the two nights with him during his stay and has no had contact with the child since. Now all of the sudden she wants him back.

    She has not helped to support the child in anyway while I'm out care. She has given us educational guardianship of child. She is currently pregnant with another child.

    My husband and I have fought with the school, to get our grandson an IEP. Which is to help him with his speech, because we have been told he is developmentally delayed.

    Grandson is only 5 & I know he doesn't quite understand everything, but when asked he says he wants to stay with his papa & nee-nee, he doesn't want to live with mom. Who bounces from one home to another and one guy to another.

    Please can someone tell me, if there is anything we can do to give this little boy what he wants.

  2. #2
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    Default Re: How to Keep a Parent from Taking Custody Back from the Grandparents

    If the only authority you have over the child is the "educational guardianship", with mom having full custodial rights, she can take her child back into her custody at any time that she pleases.

    If you want to formalize your custody, you need to petition for guardianship. The process is summarized here. As it's reasonable to infer that mom will be opposing your petition, it would be very sensible for you to get assistance from a lawyer. Note that the child's father would also have to be served with notice of any guardianship proceedings, and would also have the opportunity to oppose a grant of guardianship.

  3. #3
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    Default Re: How to Keep a Parent from Taking Custody Back from the Grandparents

    Quote Quoting Rebecca Sue Schaller
    View Post
    My question involves child abuse or neglect in the State of: Illinois.

    My husband and I have had our grandson for the last 2 school years. The grandson was in hospital back in early February, his mother spent the two nights with him during his stay and has no had contact with the child since. Now all of the sudden she wants him back.

    She has not helped to support the child in anyway while I'm out care. She has given us educational guardianship of child. She is currently pregnant with another child.

    My husband and I have fought with the school, to get our grandson an IEP. Which is to help him with his speech, because we have been told he is developmentally delayed.

    Grandson is only 5 & I know he doesn't quite understand everything, but when asked he says he wants to stay with his papa & nee-nee, he doesn't want to live with mom. Who bounces from one home to another and one guy to another.

    Please can someone tell me, if there is anything we can do to give this little boy what he wants.
    Why on earth is this little boy being question about this matter at all? He is five years old.

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