sdp

I am asking for this for a friend. I have posted about this friend before-- THE most codependant person I know. She will give you the shirt off her back, and go buy you more!!!!

Anyway, her d#ck of a husband left her for her cousin's 22 year old MARRIED daughter. She lost the house,put her mom in a nursing home and moved into an apt with her 23 yr old daughter, 3 yr old granddaughter 2 dogs and 2 cats.. She has had a lousy time of it but is starting to come up a bit ..(hub is doing very badly by the way..heh heh heh...

Anyway, the 23 yr old daughter gets nothing from the baby's father. No support, no visitation, nothing. She is really struggling financially. Plus, she has minus self esteem. She does not want to pursue the father for support. My friend is wondering if she, as a grandmother, can pursue him legally??
The state is Illinois. Anyone have any suggestions??

Thanks in advance for any help!!!

redrose0729

I don't think she can but I am not clear on the law in Illinois

pumuckl

SDP:

I am not a family law attorney, and not in illinois. But I wouldn't think that the grandparents would have any standing to pursue the husband unless they were the legal custodian of the child. The theory is that it's the child's right to support, not the parents'. But you have to be the custodian.

The best way to make sure is to call an Illinois attorney specializing in family law issues. Lots of them do free consultations.

sdp

OK,, Thanks Red Rose and Pum...
I'll have to tell her that.. Bummer..

Thank you for your responses!!

Cadence57

Unless grandma has legal custody, she can not file for support. Her daughter, on the other hand, CAN. I'm assuming that the daughter is separated/divorced. If the baby was born out of wedlock then I'm assuming that paternity has been established. She does not need a lawyer to file for child support. She can do it Pro Se (no lawyer - just fill out the paperwork and file it at the courthouse) and they (usually the probation dept) WILL go after him and attach his wages.

JT

I am in Illinois and I do know they just passed a Grandparents Rights Bill but I am pretty sure that that would not include suing for child support in lieu of the mother. That is something that means they can't keep her from seeing them.

This is something that is the daughter/mom's responsiblity. Is the daughter working to help her mom and support her own family?

JT

sdp

Thanks Cadence and JT.she was born out of wedlock, but paternity has been established.. My friend keeps telling daughter to go to the courts, but the dad might not "like" her anymore if she does that..

She does work , ands also going to school for cosmetology, but her job is low paying. As I said, she has no self esteem..Friend always talks about how she never goes anywhere or does anything.. I do think depression is a factor here. The little one is a sweetie. My kids LOVE her, and she loves them...

I think my friend heard about the Grandparent's rights and thought she could get support for the baby... They do need the money. Anyway, it also burns me that the dad swans around with no cares(he doesn;t even see her) while the mom is left with all the responsibility...

Rose56

Perhaps if the daughter received some counseling and possibly meds for the depression and self esteem issues, she would be able to move forward with the child support. This might be an avenue to try.

sdp

My friend is the social services go-to person!!! She is also on anti-depressants herself ,so I'm sure she has said something to her daughter, but daughter is just not ready to make that leap...Yet, anyway...