The child’s mother died. The maternal grandmother wanted custody.  So did the child’s father. The child had not been living with either the mother or the father. That allows a third party to file for custody.

A third party can’t ask for custody if the child is living with either parent. Such a third party would have no standing.

The trial court first ordered temporary custody to the grandmother.  Later the court awarded permanent custody to the father.  Grandmother was given substantial visitation.

Grandmother amended her petition. She wanted to still be considered for custody.  Father filed to dismiss her motion. He said she could not be part of the court process. Because he was one of the child’s parents. And he had custody. Husband said she had no right to fight for custody now. The court agreed.

Grandmother appealed. She was part of the case before. That was when the child did not live with either parent. That had given her the right to ask for custody.

Now Father has custody. Can’t she keep fighting the case?

The Appellate Court allowed Grandmother to continue in court. Grandmother had standing to be in the case when the case started. This is still part of that same case. Yes, the child is now with one of his parents. But, Grandmother is still allowed to continue with her involvement in the case.

Lee v. Fosdick, 2014 IL App (4th) 130939.

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