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Post by Harrison on Dec 6, 2012 14:01:10 GMT -5
(750 ILCS 16/15)
Sec. 15. Failure to support.
(a) A person commits the offense of failure to support when he or she:
(1) willfully, without any lawful excuse, refuses to
provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support; or
(2) willfully fails to pay a support obligation
required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $5,000, and the person has the ability to provide the support; or
(3) leaves the State with the intent to evade a
support obligation required under a court or administrative order for support, if the obligation, regardless of when it accrued, has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $10,000; or
(4) willfully fails to pay a support obligation
required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $20,000, and the person has the ability to provide the support.
(a-5) Presumption of ability to pay support. The existence of a court or administrative order of support that was not based on a default judgment and was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
(b) Sentence. A person convicted of a first offense under subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A person convicted of an offense under subdivision (a)(3) or (a)(4) or a second or subsequent offense under subdivision (a)(1) or (a)(2) is guilty of a Class 4 felony.
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Post by Harrison on Dec 6, 2012 14:11:40 GMT -5
CHILDREN
(325 ILCS 5/) Abused and Neglected Child Reporting Act
"Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as (i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely harm to the child is the result of a blatant disregard of parent or caretaker responsibilities; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or who has been provided with interim crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of The School Code, as amended.
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Post by Harrison on Dec 6, 2012 14:24:05 GMT -5
SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-21.5
720 ILCS 5/12-21.5-1 new
Amends the Criminal Code of 1961. Provides that, in addition to other elements of the offense, a person commits the offense of child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child under 13 years of age, willfully or by culpable negligence fails to make contact with or otherwise verify the whereabouts and safety of that child for a period of 24 hours and to immediately report the child as missing to a law enforcement agency after this 24-hour period expires without contact. Creates the offense of failure to report the death of a child. Provides that a person commits the offense when he or she, as a parent, guardian, or other person having physical custody or control of a child under 18 years of age reasonably believes that the child has died and fails within one hour of forming that reasonable belief, or as soon thereafter as reasonably practicable if compliance within one hour is impracticable, to: (1) notify a law enforcement agency of the child's apparent death and the location of the child; or (2) seek medical attention on the child's behalf. Provides that failure to report the death of a child is a Class 4 felony.
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Post by Harrison on Dec 6, 2012 14:38:46 GMT -5
It looks like I would state the claim someything like........ Neglected child abandonment and Failure to support.
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Post by meemaw on Dec 7, 2012 12:04:07 GMT -5
After reading and rereading this: a couple of points: I have the case number, since our Motion for Grandparent Visitation was piggy-backed on the parents existing case, because they were still in court when we filed. It is doubtful that father would be a cheerleader for us. He knows that this is the best place for the child, but has talked about trying to get custody away from the mother when he has the money. (LOL - will NEVER happen for more reasons than money).
Restraining order based on flight risk probably won't fly. She's been in this area all her life and has a full time job. Abandonment doesn't work since she maintains contact.
However...in talking to an attorney I have a possible route to take although it won't be fast:
If I can get the father to file a Motion with the court to amend his child support or visitation (they still do not have a final order - just a temp one) we can then file a Motion for Guardianship at that time, adding ourselves as Respondents to his Motion because: We, by virtue of our existing Order for Grandparent Visitation, have given ourselves that all important place in court - STANDING.
Granted, doing it this way will take a bit of time. But, it also will remove some of the "nasty" in that we will not appear to be the aggressors.
Illinois is difficult to deal with at times. It seems that a child's best interest is not of paramount concern but the mother's "right" is. Difficult to navigate around, but not insurmountable.
Offering the father more time as incentive was a nice thought....but...I've offered to let him come over everyday after work, time to take his daughter out to dinner, spend the night, etc. and he hasn't used it one time. In fact, today is a court ordered visitation day....but he sent me a text last night at 9pm that stated, "I won't make it. I have some Christmas shopping to do and don't want her to see what I'm buying".
Considering the number of wonderful men out there that would give all that they have to spend a day with their child but can't, I'm disgusted with him and his nonchalant attitude.
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Post by meemaw on Dec 7, 2012 12:14:31 GMT -5
A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time.
(I didn't know how to correctly copy and paste the appropriate portion so I did it the old fashioned way).
Under the above provision, our granddaughter does not fall under Neglect.
As to the support provisions, she doesn't fit there either. The father pays child support faithfully and the mother receives it. It does not go to supporting the child in any fashion at all, but.....the child is provided for by us.
And in case anyone believes for an instant that this is solely over greed on our part for money.....I promise you, it is not. But that child support should be going towards the support of this child. It would certainly make things easier financially now and in the future. More importantly, our daughter should not be "earning an income" because she provided a womb.
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Post by Harrison on Dec 7, 2012 13:03:46 GMT -5
(750 ILCS 5/610) (from Ch. 40, par. 610)
Sec. 610. Modification.
(a) Unless by stipulation of the parties or except as provided in subsection (a-5), no motion to modify a custody judgment may be made earlier than 2 years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his physical, mental, moral or emotional health.
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Post by Harrison on Dec 7, 2012 14:29:17 GMT -5
WOW!!! that sounds like a risky strategy.
I agree, mom doesn't quite fall into child abandonment or Neglect, but she is guilty as hell of non-support, both parent have the obligation of support.
Waiting on dad may make the judge wounder why you waited until one of the parents is trying to rectify the problem and why it took so long to do it. It would be better if the baby were in school, but that's more time and more risk.
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Post by Jim on Dec 7, 2012 14:41:26 GMT -5
I agree, this doesn't make sense to wait for dad to file a "modification of support" or any other filing..... Meemaw, as you state, you already have "standing"....the child has lived with you almost always hence custody has basically already been established with you. What are you waiting for? File for custody and get a judge to order it. Seriously, what would be the mother defense? she doesn't want to give up receiving child support for a child that doesn't live with her and that she doesn't financially support anyways?  And the father, seems he doesn't really give a crap either way either, he knows he'll have to pay either way...... Yes, risky strategy and it really doesn't make sense to me to wait for the dad to do anything. |
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Post by Harrison on Dec 7, 2012 19:42:54 GMT -5
As it stands Dad has had twice the required time in which to at least attempt anything.
Mom, has had 4 yrs. to get her shit together and parent.
Once either parent moves to break the status quo, the assumption will be, you must have been just fine with the arrangement or something would have been done before a half of a decade had passed.
At least the attorney was honest about one thing..... it WILL take MUCH longer (billable hours).
The nasty stuff is going to happen, either by a long draw out messy ass battle or as you're holding a winning hand, do it and give your little girl a start at a stable education with a sence of home.
For god sake at least consult with a few more attorney before going with a plan that risky.
We have heard many stories and help the people we can, to the of our ability. If the slightest doubt were to be had that your motives are less than honest....you would have heard nothing from me. MY point is don't be defencive about doing the right thing.
I raised my kids while living with my parents, it was a bitch............wouldn't change it for a hole new world!!!!!!!!!!!
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Post by Jim on Dec 7, 2012 20:08:03 GMT -5
I don't blame Meemaw for trying to be cautious and wanting to "keep the peace" as much as possible.
But it will get nasty to some degree no matter what in my opinion......what's best for that little girl should be the top priority and all other concerns secondary no matter what.
Meemaw, you know what you need to do, now the question is, do you have the guts to do it?
The security and stability of that little girl is what's most important......things will fall in to place once the dust settles......
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Post by Outside Viewing In on May 17, 2013 15:38:09 GMT -5
I'm not a family law lawyer (different type of law), but this is a very complicated case. There are two sides to every story and after the mother has lawyered up, this case will be difficult. As a grandparent (as opposed to parent) there is a real risk you will lose the child.
I would not go to court without competent counsel, who will know the judge, their predelictions, etc. My advice is to get an attorney because even if the facts are as you state, they may not come out that way in court. I understand you are broke, but this is not the type of case you can try yourself. For what it's worth...
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