It is not uncommon for family members, particularly grandparents, to step in to care for a child when parents are unable or unwilling to. Sometimes this is due to a parent experiencing a serious financial problem or it may be due to substance abuse, incarceration, mental illness or other issues that make it difficult for a parent to provide for a child’s needs.
Private guardianship in Illinois allows family members to take legal responsibility for a minor child on a short or long term basis when a parent cannot provide the care and custody that a child needs.
A short term guardianship gives responsibility to care for a child to a guardian for one year or less, whereas long term guardianship can extend more than a year up until a child reaches 18 or beyond. The length of the guardianship depends on what is in the best interests of the child.
The role of a guardian includes providing the day to day needs of a child such as food, clothing, shelter and emotional support as well as making important decisions for the child regarding issues such as medical care and education. Although some caregiver arrangements are informal, only legal guardianship provides the guardian legal authority to make certain decisions for the child.
It is important to note that guardianship does not terminate a parent’s legal rights. A parent can petition the court to terminate a guardianship or regain some or all decision making authority if circumstances change. The parent and guardian may coordinate visitation with the child during periods of guardianship depending on the circumstances of the case. The best interest of the child is always the guiding principle when making determinations regarding the guardianship of a child.
If you are a family member interested in becoming a legal guardian to a child and the parent/s agree, it is a fairly straightforward legal process. If a parent does not agree, it becomes a contested case with each side presenting evidence and arguments to determine what is in the child’s best interests. Depending on the findings, a judge can issue an order granting guardianship for a short or long term duration. It is advisable to work with an experienced family law attorney who can assist you with the minor guardianship process. For immediate assistance contact Family law attorney Ronald L. Bell & Associates at 847-495-6000.