Chicago Child Custody Lawyer

The argument of petitioners (grandparents seeking custody) that they had standing based upon the best interests of the child was misplaced because it is only after a non-parent has established standing that the court determines custody or guardianship using the best interests of the child standard.  Starr v. Barnhart.
The trial court need not find that the natural parent is unfit or has forfeited her custodial rights before awarding custody to a non-parent if the best interests of the child will be served.  Rose v. Potts.
Where evidence showed that the grandparents have provided stable, positive, and supportive relationships for child and that father was lacking in parenting skills and in stability, the trial court’s award of custody to the grandparents was not contrary to the manifest weight of the evidence.  Gonzalez ex rel.  Gonzalez v. Donnelly.
A non-parent must show that the child is “not in the physical custody of one of his parents”; when this requirement has been met the non-parents will be considered for legal custody of the child under “a best interest of the child” standard.  Butler v. Butler.