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.

Under Illinois state law, every child has the right to receive emotional, physical, mental, and financial support from both parents. Fathers also have the right to seek parenting time with their biological children, regardless of the status of their relationship with the child's natural mother. But when a child is born to unmarried parents, legal paternity must be established before any rights can be enforced. If you are an unmarried parent, or suspected of being the father of a child, understanding what parentage is and how it can be established is very important.

What is Parentage?

When children are born to married parents, there is little question about their parentage, or the identity of their father. If the child's parents later divorce, the father is legally able to seek parenting time with the child and has an obligation to support the child. However, children who are born to unmarried parents do not have this same built-in parentage. While the tie to their mother is automatic, the paternity (biological tie to the father) must be legally established before it can be considered valid.