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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