Lee v. Fosdick, 8 N.E.3d 186

Lee, maternal grandmother, seeks custody/guardianship of S.L. after the mother Miranda Richards dies.
Fosdick, the father, initially opposed; trial court awarded Lee temporary custody in 2010 and later permanent custody to Fosdick with Lee’s visitation.
Lee files amended petition in 2013; Fosdick is jailed pending criminal charges; Lee seeks injunctive relief to prevent removal of S.L.
Trial court dismisses count I for lack of standing but finds Rule 304(a) propriety and certifies a Rule 308(a) question on standing to modify.
Lee appeals under Rule 304(a) and Rule 308(a); appellate court addresses whether Lee must re-establish standing to modify custody.
Appellate court holds Lee does not need to re-establish standing and reverses/remands for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Must Lee re-establish standing to modify custody after prior standing finding?	Lee maintained standing as of original petition date, status unchanged.	Lee must re-establish standing since custody status changed.	No; standing determined by the original petition date.

23-25 Building Partnership v. Testa Produce, Inc., 381 Ill. App. 3d 751 (2008) (standing determined from complaint allegations)
Brownfield v. Brownfield, 283 Ill. App. 3d 728 (1996) (noncustodial parent’s duties and standing implications)
CSM Insurance Building, Ltd. v. Ansvar America Insurance Co., 272 Ill. App. 3d 319 (1995) (standing and complaint-based analysis)
People ex rel. Lee v. Kenroy, Inc., 54 Ill. App. 3d 688 (1977) (standing grounded in petition allegations)
In re Marriage of Brownfield, 283 Ill. App. 3d 728 (1996) (parental custody and ongoing contact relevance)
Barber v. City of Springfield, 406 Ill. App. 3d 1099 (2011) (standing and pleading standards in appellate review)
Stermer v. Illinois Association of Realtors, 2014 IL App (4th) 130079 (2014) (standing determination from complaint allegations)