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

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??

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Attorney answers 4


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 Memmen is donating his time and talent by answering questions to help those in need of legal information. THIS IS NOT A CONSULTATION and in no way creates an attorney-client relationship. Alexander Memmen recommends that you always consult – in person – with a local attorney before taking any action.


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.


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.



Sorry but the guardianship came from the divorce there were not two actions going on at the same time; the guardianship was part of the divorce; the guardianship required a new hearing separate and apart from the divorce which did not happen; you are wrong


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

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