Chicago Child Visitation Lawyer

The facts of obvious importance in determining standing concern the legal incidents of custody: (1) who has immediate physical possession of the minor child; (2) how that person took over control; and (3) the nature, manner, and duration of possession.  Brown v. Brown.

“Standing” has been found in custody cases when a parent does not have custody of the child, thereby allowing a non-parent to petition for custody; once standing is established, the court will apply the “best interest of the child” standard to determine custody.  Gonzalez ex rel. Gonzalez v. Donnelly.

Custodial father who argued that the court erred in awarding custody of infant to custodian without any petition on file by custodian for custody of infant and without an adjudication as to him, the custodial father, failed to realize that procedures under this Act are not the exclusive means by which the trial court acquires jurisdiction in child custody cases; child custody proceedings may also be initiated under the Juvenile Court Act of 1987.