When Can You Become a Child’s Guardian in Illinois?

 Posted on October 16, 2024 in Child Custody

People can easily take it for granted when they have a healthy family dynamic, with parents who raise their children and provide them with a safe and nurturing environment. For many families in America, that can seem like a fantasy that is out of reach. Sometimes, people have babies even though they never planned on having children and they are not capable of raising them properly. Other times, tragedy strikes, interfering with a parent’s ability to care for a child.

When that happens, it is sometimes possible for a responsible adult in the child’s life to seek guardianship over the child. This can be a relative, like a grandparent, aunt, or uncle, or another adult who has a relationship with the child. When someone undertakes a child’s guardianship, it does not mean that person is adopting the child. However, a guardian is given the authority to become the child’s caregiver. This article will describe how someone can be granted child guardianship. Speak with a skilled Naperville, IL family law attorney to learn more.

What Does Child Guardianship Entail?

A person who is granted guardianship over a child is legally authorized to make important decisions that affect the child because the parents are unwilling or unable to do so. While guardianship may seem similar to adoption, it is different for two main reasons:

• It is not a permanent arrangement. Adoption is final and irreversible, but guardianship can be modified or terminated if the child’s parents’ situation changes.

• It does not terminate the parents’ rights. When someone adopts a child, at least one of the biological parent’s rights are terminated. With guardianship, the guardian is legally authorized to make decisions that serve the child’s best interests but the parents still retain their rights.

Who Can Become a Child’s Guardian?

Guardianship is a possibility for any responsible adult in the child’s life, although it is most common for a close friend or relative to be granted guardianship responsibilities. There are, of course, several conditions that someone needs to meet before they are eligible to become a guardian These include:

• Being at least 18 years old

• Having no criminal record for harming a child

• Being of sound mind

• Having no legal disabilities

Illinois courts prioritize keeping children with their parents whenever they can as long as that serves the child’s best interests. When that is not possible because the parents cannot or will not properly care for the child, guardianship is considered.

If a child’s parents have died, have abandoned the child, are incarcerated, have developed an addiction, or suffer from mental or physical disabilities preventing them from fulfilling their parental responsibilities, the state recognizes the need for another adult to take over guardianship.

Why is Guardianship Necessary?

It is possible and legal for children to live with someone who is not their parent, particularly if the parents give their consent. So why is guardianship even necessary? In certain cases, the adult taking care of the child needs some legal authority recognizing their role, or else any of the following situations can be challenging or impossible:

• Adding the child to your health insurance policy

• Getting medical treatment for the child

• Obtaining some government benefits, including welfare, for the child

• Proving eligibility for FAFSA and other forms of educational financial aid

• Enrolling the child in school, particularly if the child requires special education

Schedule a Free Consultation with a Naperville, IL Child Guardianship Lawyer

If you want to take responsibility for a child in your life who needs some extra help, contact a qualified DuPage County, IL family law attorney about seeking child guardianship. At Pesce Law Group, P.C., we are passionate about helping to protect children’s best interests and we will advocate for your right to do so with legal authority. Call us at 630-352-2240 to schedule a free consultation.