The grandparents had physical possession of their grandson for about two years. Then, the child’s mother took the child to live with her.
When Mother was pregnant with the child, she was a 17-year-old ward of the state.
The grandparents filed a Petition for Custody of their grandson. That was only 96 days after mother took him back to live with her. The Court did not grant their petition. Grandparents appealed.
During the 96 days, mother established a residence for the child. She made all parental decisions for him. That included when to allow his grandparents to see him.
The grandparents had gone along with this arrangement. They returned the child to the mother’s home after they visited with their grandson. They abided by the mother’s decisions concerning when they could see the child.
The Appellate Court said that the trial court ruled correctly. The grandparents did not have standing to pursue a petition for custody of their grandson. He was in the physical custody of one of his parents.
Dumiak v. Kinzer-Somerville, 2013 IL App (2d) 130336.