Abduction of Child
The abduction of a minor in order to satisfy the literal terms of the standing requirement will not be tolerated. In re Rudsell.
Where grandparents would have had standing under subdivision (b)(2) of this section prior to the time of the abduction and the filing of the custody petition was insufficient to reinvest the father with physical custody so as to deprive grandparents of standing. Menconi v. Menconi.
The requirement of subdivision (b)(2) of this section that the minor not be in the custody of a parent does not apply to a petition for guardianship under the Probate Act; the requirement of 755 ILCS 5/11-7 that the parent be found unfit or, if the parents lived apart, that good cause exists to award custody to some other person, provides sufficient protection for parents superior rights to the custody and control of their children within the context of proceedings pursuant to the Probate Act. Timmons v. Ronald.
The standing provisions embodied in subdivision (b)(2) apply those seeking custody under the Parentage Act (750 ILCS 45/1 et seq.) regardless of whether they are interveners or interested parties. Brumfield v. Yard.
The standing requirement of this Act applies equally to the guardianship proceedings of the Probate Act (755 ILCS 5/11-5). Lewis v. Newsome.
Aunt and Uncle
The trial court reversibly erred in failing to follow its own ruling, that the aunt and uncle of child lacked standing to ask for custody, when it effectively awarded them custody. In re Haslett.
Link
