10 Third-Party Custody Questions Answered by Illinois Attorney

Summary

Case Summary: In re Adoption of M.C., 2022 IL App (5th) 220422-U - Core Legal Insight: In In re Adoption of M.C., the Fifth District held that circuit courts retain general jurisdiction to hear third-party adoption petitions even when parallel juvenile court proceedings are pending, rejecting the argument that an open DCFS case strips other divisions of subject matter jurisdiction. This ruling empowers grandparents and relatives to file competing custody or adoption petitions without waiting for juvenile court permanency proceedings to conclude, though courts should consolidate parallel cases to avoid inconsistent rulings.

These are the 10 questions every client asks me about third-party custody and adoption when DCFS is involved. Here are the honest answers.

The Fifth District's ruling in In re Adoption of M.C. changed everything for grandparents, step-parents, and other third parties. This case matters if you're seeking custody of a child in a DCFS case. Have you been told you can't file because "the juvenile court has jurisdiction"? That argument just got dismantled. Here's what you need to know.

Question 1: How much does third-party custody or adoption cost in Illinois?

Short Answer: Third-party custody cases with DCFS involvement typically cost $5,000 to $25,000 in legal fees. The final amount depends on complexity and whether anyone contests your petition.

Detailed Explanation: Illinois law allows grandparents, relatives, and other third parties to pursue custody or adoption. This remains true even when juvenile court proceedings are active. Costs vary based on factors governed by two key statutes. The Illinois Adoption Act (750 ILCS 50/) and the Juvenile Court Act (705 ILCS 405/) both apply.

In Cook County, uncontested third-party adoptions with DCFS cooperation run $5,000-$10,000. But what if you're filing a competing petition while a juvenile case is pending? The Bryants did exactly this in In re Adoption of M.C. Expect higher costs because you're managing parallel proceedings.

Here's the breakdown of specific costs:

• Court filing fees for adoption petitions: $250-$350
• Home studies required under Illinois law: $1,500-$3,000
• Contested cases with DCFS opposition: $15,000-$25,000

One grandmother I represented spent $18,000 over 14 months. She was fighting a jurisdictional dismissal the entire time. The Fifth District's new ruling should reduce these battles going forward.

Question 2: How long does third-party custody take in Cook County?

Short Answer: Third-party custody cases in Cook County typically take 6-18 months. Cases with parallel DCFS proceedings can extend to 24 months or longer.

Detailed Explanation: Your timeline depends heavily on two factors. First, does DCFS have an open case? Second, how do the courts handle competing proceedings? Here's the key point: circuit courts have general jurisdiction. They can hear adoption and guardianship petitions even when juvenile court proceedings are pending elsewhere.

The juvenile court division in Cook County follows its own permanency timeline. The Juvenile Court Act requires permanency hearings within 12 months of a child entering care. But In re Adoption of M.C. confirms something important. You don't have to wait for this process to conclude before filing.

The Bryants' case shows what happens when courts get it wrong. Their adoption petition was dismissed on jurisdictional grounds. They spent months in appellate litigation before winning reversal. If the trial court had granted consolidation, the case could have resolved much faster.

Here's what to expect:

• Straightforward cases: 6-9 months
• Cases with DCFS complications: 12-18 months
• Cases fighting improper dismissals: 18-24+ months

Question 3: What do I need to file for third-party custody in Illinois?

Short Answer: You need a verified petition, proof of your relationship to the child, and evidence of the child's current circumstances. You must also show why custody with you serves the child's best interests.

Detailed Explanation: Illinois law provides multiple pathways for third-party custody. Your options depend on your relationship to the child and the circumstances. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/601.2) outlines the requirements. Grandparents and other third parties can petition for custody under specific conditions. The child must not be in the physical custody of a parent. Or a parent must have been absent for an extended period.

For adoption petitions under the Illinois Adoption Act, you'll need:

• A verified petition identifying all parties
• The child's birth certificate
• Proof of required consents or grounds for terminating parental rights
• A completed home study

When DCFS is involved, you'll also need to address the agency's role. You may need to seek their consent or cooperation.

The Bryants filed their adoption petition in a separate division of the same circuit court. The juvenile case was pending in another division. The Fifth District confirmed this was procedurally proper. Their petition presented "a controversy that is definite and concrete." Courts in Cook County should accept your filing. If they claim lack of jurisdiction, you now have appellate authority to cite.

Question 4: Do I qualify for third-party custody in Illinois?

Short Answer: It depends on your relationship to the child and the circumstances. Grandparents, step-parents, and relatives have statutory standing. Non-relatives may qualify under specific conditions.

Detailed Explanation: Illinois statute creates different eligibility standards for third-party custody. Your qualifications depend on who you are and what's happening with the child. Under 750 ILCS 5/601.2, you may petition for custody if:

• The child is not in the physical custody of one of the parents
• A parent is absent from the home for more than one month without providing support
• Other circumstances exist making third-party custody appropriate

Grandparents have enhanced standing under Illinois law. This is especially true when the child has resided with them. It also applies when parental unfitness is at issue. Step-parents who have been acting in a parental role also have recognized interests.

Courts ask one key question: Does the child have a significant relationship with you? Would custody with you serve the child's best interests?

What if DCFS has custody of the child under a juvenile court order? Your eligibility doesn't disappear. In re Adoption of M.C. confirms this clearly. The existence of a parallel juvenile proceeding doesn't strip you of the right to file. The Bryants—paternal grandmother and step-grandfather—successfully argued their adoption petition was justiciable. The open neglect case didn't change that. If you have a legitimate relationship with the child and grounds for custody, you likely qualify to file.

Question 5: What evidence do I need for third-party custody?

Short Answer: You need evidence of your relationship with the child and the child's current living situation. You also need documentation of parental unfitness or absence. Finally, you must show why placement with you serves the child's best interests.

Detailed Explanation: Illinois courts evaluate third-party custody petitions using the best interests standard. This standard is outlined in 750 ILCS 5/602.5. You'll need evidence addressing several factors:

• The child's adjustment to home, school, and community
• The mental and physical health of all parties
• The child's wishes (if of sufficient age)
• The nature of your relationship with the child

When DCFS is involved, document everything about the child's circumstances in state care. Obtain copies of DCFS reports, home studies, and case notes through discovery. In parallel proceedings like those in In re Adoption of M.C., be aware of something important. Different versions of the same records may be produced to different courts. Run comparisons across both proceedings. Inconsistencies in the state's documentation become leverage.

Practical evidence includes:

• Photographs documenting your relationship with the child
• School records showing your involvement
• Medical records demonstrating you've provided care
• Testimony from teachers or counselors familiar with the child
• Documentation of the parents' unfitness or inability to care for the child

Have you been providing stable care while DCFS has been involved? Document the timeline and nature of that care meticulously.

Question 6: What if the other party violates a third-party custody order?

Short Answer: You can file a motion for contempt and seek enforcement through the court. You may also request modification of the custody arrangement to address the violations.

Detailed Explanation: Illinois courts take custody order violations seriously. Under 750 ILCS 5/607.5, interference with custody rights can result in several consequences. Courts may issue contempt findings or order makeup parenting time. In severe cases, they may modify the custody arrangement itself. Willful violation of custody orders may also constitute a criminal offense under Illinois law.

When DCFS is involved in your case, enforcement becomes more complex. What if biological parents violate terms of a third-party custody arrangement? What if a juvenile case is still pending? You may need to coordinate with both courts. The juvenile court and the division handling your custody matter must both be involved.

This is precisely why In re Adoption of M.C. emphasized consolidation. Running parallel proceedings in different courtrooms creates "the obvious risk of inconsistent rulings."

In Cook County, file your enforcement motion promptly. Document every violation with specificity: dates, times, witnesses, and any communications. Courts respond to patterns of behavior. Maintain a detailed log of each incident. Here's something to consider: if the other party is a biological parent whose rights haven't been terminated, their violations may actually strengthen your case. Documented violations support your petition for permanent custody or adoption.

Question 7: Can I change a third-party custody order later?

Short Answer: Yes, custody orders can be modified. You must show a substantial change in circumstances affecting the child's best interests.

Detailed Explanation: Illinois law allows modification of custody arrangements under 750 ILCS 5/610.5. Circumstances must have substantially changed since the original order. The petitioner must demonstrate that modification serves the child's best interests. Courts apply a two-year waiting period for most modification requests. Exceptions exist for cases involving endangerment or other urgent circumstances.

For third-party custody arrangements, modification might become necessary if:

• The biological parents rehabilitate and seek return of the child
• The child's needs change significantly
• Your circumstances change in ways affecting your ability to provide care
• The original order was based on temporary conditions that have evolved

When DCFS involvement was part of your original case, watch the juvenile court's permanency goals. These may shift over time. What if the juvenile court changes course? Say they move from a goal of return home to a goal of adoption. This may create grounds for modifying your third-party custody arrangement. You might also convert it to adoption.

The key insight from In re Adoption of M.C. is this: you don't have to wait passively for the juvenile court to act. You can file your own petition and force the issue.

Question 8: Can I appeal a third-party custody decision?

Short Answer: Yes, you can appeal custody decisions to the Illinois Appellate Court. Jurisdictional questions are reviewed de novo. This gives you a strong opportunity for reversal if the trial court got it wrong.

Detailed Explanation: Illinois Supreme Court Rules govern appeals from custody decisions. You generally have 30 days

Full Opinion (PDF): Download the full opinion

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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