QUESTION

Could I get child custody of my daughter after her father passed away?

Asked on Aug 14th, 2015 on Child Custody - Illinois
More details to this question:
My daughter went to live with her father about a year and a half ago. He passed away last month. She refuses to leave his house. She is living with his girlfriend. She will be 18 shortly. I have been ordered to pay support above and beyond what my state says. If she is refusing to leave a house in which she has no legal family is she, in fact, emancipating herself? My sister lives about 10 minutes away and has gladly opened her house to her so that she can finish her senior year of high school at a private school her father enrolled her in.
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2 ANSWERS

Family disputes after a death are some of the most painful. Since your daughter is going to be 18 soon, many lawyers would advise that it is not worth the expense to establish any kind of authority over her. Is emancipation a recognized legal process in your State? It is not in every case. However, I assume you love your daughter and you want her to have the guidance and care which is every child's right even those who don't want care or guidance. If you think her living situation is a danger to her, now or in the future, you can go back to court to seek termination of the child support, and whatever orders a court can usefully give a 17-year old who perhaps does not recognize her own best interests. Another possibility is establishing a guardianship. This can create legal fees more than you may wish to pay. And it rarely improves human relationships in a family. But it may be worth doing. Consult a capable family law attorney in your area. Good Luck. You have my sympathy.
Answered on Aug 14th, 2015 at 5:26 PM

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Depending on why you were not granted custody in the first place, you may have to petition the court to receive custody now. Please contact a family law attorneys to discuss your matter in detail, so that we can adequately answer your question.
Answered on Aug 14th, 2015 at 4:01 PM

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