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Originally Posted by midwestmom

... The fact is the grandparents are named and are the guardians of the child. What should my sister do ? What steps may she take? ... Someone said she could try going to the courthouse and getting the file, bringing it to the sheriff and picking up the child. Can she do that in the state of Illinois? ...

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At this point, no one knows the extent of your sister's legal problems because we do not know what the order says. That is why you (your sister) needs a copy of the file: so that you can read the order(s) and quit listening to the grandparents and their threats. There is a question in my mind as to whether custody of a child can be awarded in a guardianship proceeding. If you will get a copy of the entire file with the order(s), you can read it(them) and tell us. By the way, this situation points out the value of having a lawyer, as opposed to doing it alone. Abe Lincoln is credited with saying, 'A lawyer who represents himself has a fool for a client.' You all have been pushed around long enough, right?

Hello again, mom:

You have been given good advice. She NEEDS a lawyer. It's NOT that it can't be done without a lawyer. It can. Look, I'M not a lawyer - and I know a LOT about the law. But, this isn't something that I would consider doing on my own. When dealing with young children, the stakes are just TOO HIGH. They grow up very fast. When I needed to fight for custody of my son, I hired the best lawyer I could afford.

If I were to win or lose a lawsuit in a few years by prosecuting it myself, BIG DEAL. If I spent a few years trying to expunge my record on my own, BIG DEAL. But, a year in the life of a little child is a LONG time. They are not young for very long. Little children grow up VERY fast. She/you don't have the luxury of learning law on the job. You need someone who can get your sisters daughter NOW.

Yes, if you go to a lawyer, he's going to want you to hire him... Ok, so when you go to the supermarket, they want you to buy all your stuff from them too. Do you, simply because they want you to?? No, you don't. You SHOP. You SHOP for the best price, and the best service.

Do the same thing with your lawyer shopping. You're only going to get one shot, really, so do your shopping well. DON'T buy a pig in a poke. If you shop well, you'll find a young lawyer who is willing to take payments. Not EVERY lawyer out there is rich.

excon

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Originally Posted by midwestmom

Any attorney is going to tell me I need him/her so they stay in business. There has to be a way we could do this.....any answers?

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Quite frankly it's been answered and answered and answered.

So far you've not used an Attorney and you're in this mess. I think I'd change it from here on and retain one. I think I'd look back over the past history here and re-think my position on Attorneys.

Otherwise - there is no other advice to give.

You aren't going to prove fraud since there is not proof but your sister's word. The only thing is to claim that she is young and didn't understand what she was doing. But that's not going to fly if she doesn't smarten up and get an attorney.