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Attorneys for Child Guardianship Issues

Child Guardianship Lawyers

When the parents of a minor child are unable to care for the child, a guardian can be appointed to fill the parenting role. This can be done on a temporary or permanent (plenary) basis. A guardian cares for, supervises and guides the child during the time of guardianship. Unlike adoption, however, a guardianship does not sever parental rights to the child. A guardianship must be approved by the Court, and some guardianship petitions are contested either by a parent or another interested party.

Our family law attorneys are experienced in handling guardianship of children cases. Like the Court, we are primarily concerned about the best interests of the children involved in guardianship cases, and we strongly advocate for those interests and the interests of our clients.

Obtaining Guardianship of a Minor Child in Illinois

There are two ways in which someone other than a child’s parent can obtain guardianship of that child. Guardianship may be obtained if 1) the parents of the child can consent and 2) the Court can appoint a guardian for the child. Most cases for guardianship of minor children involve family members such as grandparents, aunts, uncles, and older siblings. There are many reasons children may need guardians, including:

  • Parents have passed away;
  • Parents have been incarcerated;
  • Parents have abused or neglected the child;
  • Parents are addicted to drugs or alcohol;
  • Parents abandoned the child;
  • Parents are sick or disabled and unable to care for the child; and
  • The child needs to live in a home other than a parent’s home.

When a guardianship is no longer needed, the Court can terminate it. This can involve a parent proving to the Court in a hearing that whatever issue prevented him or her from caring for the child(ren) in the past has been resolved. Our family law attorneys are experienced in representing both sides of guardianship issues.

If you are seeking guardianship of a minor child or you would like to dispute a guardianship, contact us to schedule a free consultation to discuss your situation. We will go over your legal options and provide a realistic assessment of what you can expect from your case.

Illinois family laws changed on July 1, 2017. Click here to read how child support was affected.