On January 20, veteran family law attorneys Jeffery M. Leving and Arthur Kallow of the Law Offices of Jeffery M. Leving, Ltd. (http://dadsrights.com) won an important victory for a mother who had lost guardianship of her toddler son to the child's babysitter. Leving successfully obtained the dismissal of the entire guardianship proceeding brought by the babysitter against the mother. Cook County Probate Court Judge Gregory O'Brien issued an order granting Leving's motion brought on behalf of Monica Naide, the child's mother, alleging that the court lacked jurisdiction to award guardianship (custody) to the babysitter when the mother was fully capable of caring for her child.
Judge O'Brien's ruling brings a decisive end to an unusual case. In October, the babysitter, Karen Smith, filed a petition for guardianship and custody of Naide's son, Rodney Dennis, Jr., claiming that the mother had disappeared, the father was unknown, and that the babysitter was the child's maternal aunt. The mother disputed each of these claims. On November 24, 2009, attorney Jeffery M. Leving successfully petitioned the court to vacate the order of guardianship and custody to the babysitter, which paved the way for today's resolution of the case.
"This is an important order," said attorney Arthur Kallow. "It reaffirms the superior rights of parents to raise their own children in America."
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Mom Wins Child Back From Babysitter