Can I Petition for Guardianship of a Child That Is Not Mine?

Lawyers in DuPage County Assist with Child Guardians

According to Illinois law, any person of sound mind who is at least 18 years old, a resident of the United States, and who has not been convicted of a felony or declared disabled by a judge can petition for guardianship of a child. This means that a non-parent family member or a friend can seek guardianship. However, the process of applying for guardianship can be complex. To ensure that a potential guardian will be able to establish guardianship correctly, it is important to work with an experienced family law attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist with these cases, helping family members or others who will be providing care for children put legal protections in place that will allow them to make important decisions and meet the children's needs.

When Is Guardianship Necessary?

There are many situations in which parents may not be able to properly care for their own children. Some parents may be too young and immature, while others may have financial issues or problems with drugs or alcohol. In cases like these, it is often friends or family members, such as grandparents, aunts, and uncles, who step up and provide the care that the children desperately need. Unfortunately, the biological parents often take advantage of the situation, coming and going from their child's life as they please. This can be not only frustrating for the family member or friend, but it can also be unhealthy for the child.

By establishing guardianship, a family member or other person who provides care for a child can ensure that they will be able to continue serving in this role for as long as necessary. A legal guardian will have the right to make certain decisions for the child, including those related to the child's education, medical care, and living circumstances. They will also have the responsibility to act in the child's best interests and ensure that the child's ongoing needs are met. This will include providing the necessary food and clothing, ensuring that the child will live in a safe situation, and attending to the child's medical and educational needs.

Eligibility for Guardianship in Illinois

Illinois law provides that a non-parent can seek guardianship of a minor child as long the person seeking guardianship:

• Is at least 18 years old;
• Is a resident of the United States;
• Is of sound mind;
• Has not been convicted of a felony; and
• Has not been declared disabled by a judge.

In order to obtain guardianship, the non-parent must show that the child's biological parents have voluntarily relinquished physical custody of the child and are unable or unwilling to care for the child. This burden of proof is waived if the biological parents consent to the guardianship either in writing or verbally in open court. Guardianship can also be granted if the parents fail to appear for the hearings.

Contact Our Wheaton Guardianship Attorneys

An Illinois court will only grant guardianship of a minor child to a non-parent when doing so is in the child's best interests. We can help you meet this requirement and ensure that you will be able to provide a child with the necessary care. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC by calling 630-665-7300 for a confidential consultation today. We serve DuPage County, Kane County, and surrounding areas throughout northern Illinois.