Minor Guardianships in Illinois

If you are caring for a child who is not your biological child, it may be a good idea to explore the idea of obtaining a minor guardianship. If the biological parents are not able to care for the child, such as in instances of abuse, substance dependency, incarceration, death, and the like, guardianship is a great tool to allow that child to be properly cared for while his or her parents are not willing or able to.

What is guardianship? An order granting you guardianship allows you to make major decisions for that child, including obtaining medical care for that child or registering that child for school. If the biological parents are living, the court’s intention is not for guardianship to be a permanent arrangement—instead, the hope is that is can be eventually terminated by a biological parent if the court finds that he or she becomes fit and able to have the child returned to him or her. Alternatively, guardianship ends when the child turns 18, in the event of the death of the child or the guardian, in the event of the resignation of the guardian, or in the event of involuntary removal of the guardian.

Who may seek guardianship? Anyone over 18 years old, of sound mind, who a United States resident, and who has not been convicted of a felony may seek guardianship. You must also be willing and able to provide for the child’s care, comfort, health, and education.

What about the parents? The biological parents of the minor child may consent to the guardianship, or may contest the guardianship. If at least one of the biological parents has not had his or her parental rights terminated, can be located, and he or she is willing and able to make day-to-day decisions for the minor child, the court may not find guardianship appropriate.

How to start the guardianship process? The person seeking minor guardianship should file a petition for appointment of guardian with the court. It should identify who the child is, who his or her nearest relatives are, who has custody of the child, the value of the child’s estate, who the proposed guardian is, and facts regarding the biological parents. Notice should be given to the relatives of the child named in the petition, as well as the child themselves, if he or she is over 14 years old. Upon filing, you will receive an initial presentment court date. On that court date, the court will likely appoint a Guardian ad Litem to be the “eyes and ears of the Court” and investigate the best interest of the child. There will be at least one return court date, wherein the Guardian ad Litem can present a report regarding his or her recommendation regarding the appropriateness of the guardianship. From there, the court may make a ruling to grant guardianship.

If you would like more information on this topic, please contact the author, guardianship and family law attorney Colleen M. Hurley, at 312-888-4112 or churley@lavellelaw.com.