How Can a Grandparent Get Guardianship of Their Grandchild in Illinois?

 Posted on June 20, 2026 in Family Law

In some cases, it may be in the best interests of a child to live with someone other than their parents. The US Department of Labor reports that 3.2 percent of children across the country are being raised by their grandparents. Courts often favor a child living with other family members, including grandparents, if their parents cannot take care of them.

To be granted guardianship of a grandchild, grandparents will need to prove to the court that the child’s parents are unable or unwilling to care for their child. If you have questions about whether your situation qualifies in 2026, a Kane County, IL guardianship lawyer can help.

What Is Guardianship of a Minor in Illinois?

Guardianship of a minor is a legal arrangement that gives an adult other than a parent the authority to care for a child. They can also make decisions on the child's behalf. The Illinois Probate Act (755 ILCS 5/11-5) allows a court to appoint a guardian if doing so is in the child's best interests.

A guardian can take on different roles depending on what the child needs:

• Guardian of the person: This type of guardian handles the child's daily care, housing, schooling, and medical decisions.
• Guardian of the estate: This person manages money or property belonging to the child.

A person can be both kinds of guardians. For most grandparents, guardianship of the person is what is needed. This allows them to provide a safe home and make everyday decisions for a grandchild who isn't being cared for by their parents.

When Can a Grandparent Be Appointed a Guardian In Illinois?

Illinois law does its best to keep children with their parents unless it’s clearly detrimental to the child. A grandparent may be granted guardianship of a child by the child’s own parents in some cases. A parent may voluntarily consent to the guardianship if, for example, they recognize that they can't provide adequate care at the time.

Alternatively, the court may find that the parents are unable to provide a safe and stable home. This could be due to issues like serious illness, incarceration, or substance abuse. In either case, the court must conclude the parents are not able or willing to take on their parental responsibilities.

How Does a Grandparent File for Guardianship in Illinois?

The guardianship process begins by filing a petition in the circuit court of the county where the child lives. The petition explains your relationship to the child, why guardianship is needed, and why it is in the child's best interests that you take on guardianship.

After the petition is filed, the process generally goes as follows:

• The child's parents and other interested parties are formally notified.
• A hearing is scheduled where the judge reviews the situation.
• The court may appoint a guardian ad litem to investigate and represent the child's interests.
• If the judge agrees that guardianship is appropriate, an order is entered.

If a parent objects, the case becomes much more involved. The court has to weigh the parents' rights against the evidence that the child needs other arrangements. Having documentation of the child's living situation and your involvement in their life can be helpful at this stage.

Is Guardianship the Same as Adoption?

Guardianship and adoption are not the same thing. Guardianship gives a grandparent legal authority to care for a child. It does not permanently end the parents' legal rights. Adoption, by contrast, permanently transfers parental rights and makes the child legally yours.

Because guardianship doesn't end parental rights, it's generally meant to be a protective arrangement that can be stopped if a parent is later able to resume care. Parents can petition the court to end the guardianship and regain their parental responsibilities. If they do, the court will reassess what is in the child’s best interests.

For families hoping for a permanent change in custody of the child, adoption may be the better path.

What Does an Illinois Court Consider to Be in the Child's Best Interests?

When deciding any guardianship case, an Illinois court focuses on what arrangement best supports the child's safety, stability, and overall well-being.

Factors the court may weigh include the child's physical safety and emotional needs and the stability of the proposed home. The wishes of the child may be considered, depending on age and maturity. The child's relationship with the grandparent and each parent's ability and willingness to care for the child will also be considered.

Call a St. Charles, IL Guardianship Lawyer Today

Seeking guardianship of a grandchild is a big step. The team at MKFM Law will work with you to clearly show the court why your grandchild would benefit from your guardianship. Our Kane County, IL family law attorneys have significant experience with guardianship and other family law issues.

We serve family law clients from our offices located in Kane, DuPage, and DeKalb County for client convenience. Call Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 today to schedule your initial attorney meeting.