Mother filed a petition to establish parentage of her minor son, seeking order enabling minor to apply for "Special Immigrant Juvenile" (SIJ) status. Court found that minor had been abandoned by his father, and granted mother sole decision-making responsibility and parenting time, but found that minor was not abandoned for purpose of issuing SIJ findings. Court erred in its interpretation of what it meant to be "dependent" on the court. Minor was dependent on the trial court for an order regarding his custody and care. Abuse, neglect, or abandonment by 1 parent is sufficient for purposes of SIJ predicate findings. Court made no best-interest finding, due to its findings on the first 2 SIJ factors. Mother presented sufficient evidence for trial court to determine whether it was in minor's best interest to return to his native Guatemala or to remain in the US with his mother. (BIRKETT and BRENNAN, concurring.)
Illinois Appellate Court
Civil Court
Parentage