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How Can I Obtain Guardianship of My Grandchild in Illinois?

DuPage County family law attorney guardianship

Grandparents are often a valuable source of love and guidance in a child’s life. In some cases, grandparents may need to take on the role of the parents in their grandchild’s life. The Illinois Department of Children and Family Services reports that there are currently more than 100,000 Illinois grandparents caring for their grandchildren on a long-term basis. If you are a grandparent who is concerned about your grandchild’s well-being, you may be interested in obtaining guardianship of your grandchild. The process of gaining guardianship of a minor child is not always easy, but it can make a big difference to a child in need of a loving home.  

Grandparent Guardianship

There are several types of guardianships recognized by Illinois law. If you acquire “guardianship of the estate,” you will be authorized to manage your grandchild’s assets and make financial decisions on behalf of your grandchild. This type of guardianship may be necessary if the child’s parents have passed away and left him or her a substantial inheritance. “Guardianship of the person” allows you to take on a parenting role in your grandchild’s life. You would be responsible for your grandchild’s daily care and authorized to make decisions about his or her education, living arrangements, and healthcare. “Plenary guardianship” authorizes an individual to make decisions about the minor’s estate as well as his or her personal care. Guardianship may be permanent or temporary depending on the child’s needs and the circumstances of the case.

Initiating a Guardianship Proceeding

If your grandchild’s natural parents consent to you becoming the child’s guardian, the guardianship process is more straightforward. However, this does not mean that the court will automatically grant you guardianship. The law presumes that a parent is willing and able to care for his or her child unless there is sufficient evidence to the contrary. If the child’s parents do not agree to the guardianship, you may need to demonstrate to the court that the child’s parents are unable to make appropriate child-related decisions or provide a safe home for the child.

Contact a Wheaton, IL Guardianship Lawyer

The process of obtaining guardianship can be complicated and confusing. For help with issues related to guardianship of a minor, contact the legal professionals at MKFM Law. We have experience in handling guardianship matters, including Guardian ad Litems on our staff for minor children in divorce, parentage, and adoption cases, and for disabled adults in guardianship cases. Schedule a confidential consultation with our knowledgeable DuPage County family law attorneys by calling us today at 630-665-7300.

 

Sources:

https://www2.illinois.gov/dcfs/lovinghomes/Pages/Grandparents-and-Older-Caregivers-Raising-Children.aspx

https://www2.illinois.gov/sites/gac/OSG/Pages/Guardianship-Fact-sheet.aspx

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree