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

 Posted on July 09, 2019 in Kane

Families come in all shapes and sizes. Many children are currently being raised by adoptive parents, single mothers or fathers, siblings, grandparents, or other people who are not their biological parents. If you are a grandparent who wishes to obtain guardianship of your grandchild, you probably have many questions about this legal process. There are a few different ways that grandparents can be granted legal guardianship of their grandchild. In many cases, help from a qualified family law attorney can be a valuable asset for grandparents who are unsure of how to start pursuing guardianship of their grandchild. 

Voluntary Relinquishment of Parental Rights

There are many reasons that a grandparent may want to obtain guardianship of their child’s child. Sometimes, the biological parents are struggling with personal issues which make them unable to care for their child. Other times, biological parents choose to let grandparents raise their child because they had the child at a very young age. One way that grandparents can take guardianship of a child is if the biological parents voluntarily give up their parental rights. Once the biological parents have relinquished their legal rights to the child, grandparents have an opportunity to adopt the child.

Parents Who Are Abusive or Neglectful of Their Children

Sadly, some children end up living with their grandparents because their own parents were guilty of child abuse or neglect. If you know that a child is being abused or neglected, contact the Department of Children and Family Services (DCFS). This agency will investigate the situation and will make sure that a child who is in danger is taken to a safe environment as soon as possible. The DCFS is also responsible for making long term plans to protect the child’s safety and find the child a safe place to live.

There are many ways that the DCFS and family courts can help you obtain guardianship of children who are not being adequately cared for. In some cases, grandparents are given limited parental responsibility of a child or poseesion of the child for a short period of time. In more extreme situations, grandparents can gain complete and permanent legal guardianship of a child. One way to do this is through a “Private Subsidized Guardianship,” however, every situation is different and there are no one-size-fits-all solutions. The best way to understand how you should go about seeking guardianship of your grandchild is to speak with a family law attorney about your unique circumstances.

Contact a St. Charles Child Guardianship Attorney

To learn more about your legal options for adopting your grandchild, contact an experienced Kane County family law attorney at MKFM Law. To schedule a confidential consultation about your case, call us at 630-665-7300 today.

Sources:

https://www.isba.org/committees/women/newsletter/2005/02/grandparentsraisinggrandchildrenwha

http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/11/02/why-more-grandparents-are-raising-children