In re Parentage of A.M., 2024 IL App (2d) 240413-U
Case Analysis
In the case "In re Parentage of A.M., a Minor" (2024 IL App (2d) 240413-U), the petitioner Jessica M. appealed a McHenry County circuit court decision that denied her amended petition for the allocation of parental responsibilities and special findings regarding her son, A.M.
Jessica had initially filed her petition on August 10, 2023, seeking sole parenting responsibilities and Special Immigrant Juvenile Status (SIJ) findings under Illinois law, as the child's father, Hector Y.C.M., had died. The court expressed confusion about the petition and allowed Jessica to amend it, which she did on May 22, 2024. During the hearing, the court denied her petition, stating there was no justiciable issue since Hector was deceased, and thus, there was no viable controversy to resolve.
Jessica appealed, arguing the trial court was incorrect in denying her petition based on the father's death and failing to make SIJ findings. The appellate court found that Illinois law permitted her request for SIJ findings and that Hector's death constituted "abandonment," allowing Jessica to seek relief. The court ruled that the circuit court erred in its interpretation and denied jurisdiction based on the father's death.
Ultimately, the appellate court reversed and remanded the case, instructing the circuit court to conduct a new hearing on Jessica's petition for parental allocation and the requested SIJ findings.
Jessica had initially filed her petition on August 10, 2023, seeking sole parenting responsibilities and Special Immigrant Juvenile Status (SIJ) findings under Illinois law, as the child's father, Hector Y.C.M., had died. The court expressed confusion about the petition and allowed Jessica to amend it, which she did on May 22, 2024. During the hearing, the court denied her petition, stating there was no justiciable issue since Hector was deceased, and thus, there was no viable controversy to resolve.
Jessica appealed, arguing the trial court was incorrect in denying her petition based on the father's death and failing to make SIJ findings. The appellate court found that Illinois law permitted her request for SIJ findings and that Hector's death constituted "abandonment," allowing Jessica to seek relief. The court ruled that the circuit court erred in its interpretation and denied jurisdiction based on the father's death.
Ultimately, the appellate court reversed and remanded the case, instructing the circuit court to conduct a new hearing on Jessica's petition for parental allocation and the requested SIJ findings.
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