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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