In a perfect world, all children would live with both parents in a safe and loving home. However, this stable and supportive situation does not exist in all families, and children can end up splitting their time between parents, living solely with one parent, or being cared for by relatives.
Child custody, referred to as parental responsibilities under Illinois law, legally and traditionally rests solely with the parents. Parents are presumed to be fit, and efforts are made to keep children under their parents’ care. For a variety of reasons, however, parents are sometimes unable or unsuitable to take on this responsibility, and in these cases, a safe and stable alternative must be found that protects the best interests of the child. The road to achieve custody rights as a non-parent can be difficult, but not impossible.
Challenges to Custody
The biggest challenge any non-parent will face when seeking to assert custody rights is whether he or she has standing to bring the matter before the court. Standing refers to the petitioner’s ability to maintain a legal case. With non-parents, standing will only be found if the child is not in the physical custody of either parent (step-parents and grandparents do not necessarily need physical custody to gain standing if certain conditions are met). The person caring for the child must have obtained possession by consent, acknowledgment, or acquiescence of the parents, and the arrangement needs to be more than temporary....