Child guardianship is a legal process were the court appoints a guardian to care for a minor child ensuring their safety and stability. Guardianship of a child may occur do to death or incapacity of his or her parents; parental unfitness or neglect; incarceration or temporary absence; immigration or relocation issues; foster care placement; and financial or property management after a child inherits significant assets requiring a guardian of the estate to manage funds.
- Guardianship can be a voluntary process where a parent consents and nominates a guardian or it may be court ordered if a parent objects or is unfit.
- Guardianship is often granted to a relative who assumes legal responsibility for the child’s care, custody, and decision-making either temporarily or permanently depending on the circumstances.
Sometimes the issue that led to the guardianship changes and a parent may seek reinstatement of their parental rights. In Illinois, parental rights are not automatically terminated when a child is placed under guardianship so parents retain certain rights including the ability to seek restoration of full parental responsibilities. This is distinct from termination of parental rights (TPR), which permanently severs the legal parent-child relationship.
If a child is under guardianship due to issues such as a parent’s substance abuse, incapacity, or other circumstances, the parent can petition the court to terminate the guardianship and reinstate their full parental rights. However, the parent must provide evidence of a “substantial change in circumstances”, and that reinstatement of full parental rights are in the child’s best interests. It is advisable to discuss concerns regarding child guardianship with an experienced attorney.
Steps to Reinstate Parental Rights by Terminating Guardianship
There are various steps to take when seeking reinstatement of parental rights. Start by assessing eligibility and gathering evidence to support the petition:
Demonstrate a Substantial Change in Circumstances Since the Guardianship was Granted
- the completion of rehabilitation programs (e.g., substance abuse treatment or parenting classes)
- evidence of stable housing, employment, and financial stability
- resolution of any investigations or criminal issues
- evidence that the current guardian is unfit or unwilling to continue if applicable
- proof that reinstatement is in the child’s best interests which may include factors such as the child’s wishes, visitation history, reports from stakeholders such as the school or guardian ad litem, and a child’s adjustment to current situation
Documents needed include: medical records, proof of housing and income, character references, and any other pertinent information.
File a Petition to Terminate Guardianship
Work with your attorney to file a petition to terminate guardianship, requesting that the court to end the guardianship and restore parental rights. Include details about the change in circumstances and why reinstatement benefits the child. If the guardian consents to reinstatement the process is simpler, alternatively the petitioner may need stronger evidence.
Court Hearing and Evaluation
The court will schedule a hearing and a guardian ad litem or child representative may be appointed to investigate and report on the child’s best interests. The petitioner will present evidence supporting the reinstatement. If approved, the court issues an order terminating the guardianship and reinstating your full parental responsibilities or the petitioner may appeal with new evidence.
Contact an Experienced Parental Rights Attorney
Reinstating parental rights for a child under guardianship is possible with strong evidence of positive change. An experienced Illinois family law attorney can navigate the reinstatement of parental rights allowing families to reunite. Contact the Ronald L. Bell & Associates P.C. for help at 847-495.