Monday, November 10, 2014

Can A Grandparent Seek Guardianship of a Grandchild in Illinois?



Can A Grandparent Seek Guardianship of a Grandchild in Illinois?

 A grandparent who has been involved in raising a child may be upset at the thought of losing that child if a parent decides to return. If the parent is particularly unstable or unreliable, the grandparent may fear for the safety of the child involved, and may want to establish a more permanent legal relationship with the child.


Often, it is necessary to ask a court to appoint a guardian for a minor when neither parent is able to care for that child.  Any person who is at least 18 years old, of sound mind, not ajudicated a disabled person under the law, has not been convicted of a felony and who the court finds is capable of providing an active and suitable program of guardianship for the minor is qualified to act as guardian of the person or the estate of a minor.  In order to appoint a guardian for a minor, a Petition must be filed with the court requesting the appointment.  A parent may also designate in any writing, including a will, a person qualified to act as guardian for their child.  It is important to note that this designation must be done in a very specific way, as set forth in the law.

Satisfying these requirements does not guarantee that the grandparent will be designated a guardian. Our laws presume that a parent has the ability to care for their child, and the courts will not upset that right just because a grandparent may be better at raising the child.  However, where a parent is absent, in jail, is subject to an Order of Protection regarding the children, guardianship for the grandparents of the grandchild may be appropriate.

Contact a Chicago Family Law Attorney

If you are a grandparent who has been caring for a grandchild, and would like to seek guardianship of the child, contact the family law attorneys at M. Scott Gordon & Associates for a consultation. 

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