Saturday, January 18, 2014

Bloomington Illinois Grandparents: A Recent Appellate Case that may Affect your Custody Case

Dumiak v. Kinzer-Somerville

Illinois Appellate Court
 
Civil Court
Citation
Case Number:
 2013 IL App (2d) 130336
Decision Date:  September 12, 2013
District:  2d Dist.
Division/County:  Du Page Co.
Justice:  ZENOFF
Holding:  Affirmed.


Court properly denied grandparents' petition for custody following evidentiary hearing on issue of standing. Grandparents failed to establish prima facie case of standing, and were required to show that child was not in mother's physical custody when they filed their petition. Court cannot reach best-interests analysis absent a nonparent's standing. (BURKE and HUDSON, concurring.)



Jon D. McLaughlin