What can be done if the judge's ruling is in violation of the state statute that specifically addresses the issue?

Asked 11 months ago - Chicago, IL

My eldest daughter granted guardianship over my minor child when my husband passed away; I filed a motion to vacate; probate judge denied it; the guardianship and his denial are in violation of Illinois statute 735 ILCS 5/2-401 through 5/2-403 states the death of a party whle the divorce action is pending and before entry of judgment for dissolution abates the proceeding and deprives the court of jurisdiction to hear or rule on any outstanding issues; no issue in court supports the guardianship. what must be done to have my child returned to me? to show probate judge lacked jurisdiction to rule on guardianship since it was part of the divorce. The divorce did not survive so the guardianship cannot be maintained; where do I go? domestic relations? probate? and do what??

Attorney answers (4)

  1. Alexander Mchenry Memmen

    Contributor Level 15

    6

    Lawyers agree

    1

    Answered . You need to retain an attorney to help you with this. You have ZERO chance on your own. Best of luck.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE CAN THANK ATTORNEY MEMMEN BY MARKING IT “BEST ANSWER” or “HELPFUL.” Mr... more
  2. Judy A. Goldstein

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . This is a matter to be addressed by the probate court. You need a lawyer if you wish to challenge the guardianship. There is nothing that can be done in this simple Q&A forum to help you.

  3. Wes Cowell

    Contributor Level 18

    5

    Lawyers agree

    Answered . There were two court cases going on: 1) in divorce court, and 2) in probate court. Your husband's death abated the divorce action, but the probate court was free to carry on. You're wrong when you say "The divorce did not survive so the guardianship cannot be maintained?"

    Then you ask "what must be done?" "Where do I go?" "Do what?" The answer is the same: hire an attorney.

  4. Kevin H. Pate

    Contributor Level 20

    5

    Lawyers agree

    Answered . You do not have a do it yourself issue. I encourage you to secure counsel at your first opportunity.

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