Last updated: December 2009

Introduction

This Guide will help you understand how to ask for guardianship of a child by:

• Answering questions about guardianship and who can become a guardian in the “Common Questions” section;
• Providing court forms for asking the judge to appoint a guardian in the “Forms/Letters” section;
• Explaining the steps for filing your court papers in the "Instructions" section;
• Giving you more information about guardianship and how to file court papers for free in the “Related Articles” section; and,
• Helping you find a lawyer in the “Find Legal Help” section.

Click on words that appear like ‘this’ to learn what these words mean.

Common Questions

1. What types of guardship are there?
2. What does it mean to become a child's legal guardian?
3. Who can become a child's guardian?
4. How does someone become a child's guardian?
5. Who needs to be notified that a Petition for Guardianship has been filed?
6. What happens at the court date for a Petition for Guardianship?
7. What does a Guardian ad Litem or GAL do?
8. Does it cost money to file my court forms?

What types of guardship are there?

Illinois law allows a guardian to be appointed for different reasons. You should understand each type of guardianship in order to determine which one is best for you.

Guardian of the Person: The guardian is responsible to feed, clothe and house the child. The guardian also makes decisions concerning the child's education and healthcare. To become guardian of the person, you must file court papers and be approved by the judge.

Guardian of the Estate: The guardian is responsible for making decisions about the child's income and property. The guardian has the duty to properly protect and invest the child's income. To become guardian of the estate, you must file court papers and be approved by the judge.

Standby Guardianship: A court procedure where a parent or guardian can name the person who they want to become the guardian of a minor child or a disabled person in the event that they become unable to make decisions and care for the minor child or disabled person.

Short-Term Guardianship: A parent or guardian may appoint a short-term guardian in writing for 365 days or less. Court approval is not necessary. Both parents must consent to the appointment of a short-term guardian. See "How Do I Appoint a Short-Term Guardian for My Child" in the "Related Articles" section for more information.

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What does it mean to become a child's legal guardian?

As a general rule, only a child's parents have the legal right to make decisions concerning the care and upbringing of that child.

Legal guardianship of a minor is the process for granting that legal authority to someone other than the child's parents. This is usually done only in cases where the child is not in the care of a parent because the parent is unable to care for the child.

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Who can become a child's guardian?

To become a child's guardian you must:

• Be at least 18 years old;
• Be a U.S. resident;
• Be of "sound mind," meaning logical or stable;
• Not be adjudicated "disabled" by the court; and
• Not have a felony conviction that involved harm or threat to a child.

If a proposed guardian has a felony conviction, the judge will consider whether appointing the person as the child's guardian is in the child's best interest.

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How does someone become a child's guardian?

If the parents are unable to care for the child, you must file a petition in court. The petition will identify the child, the child's parents and siblings, the proposed guardian, the child's financial circumstances, and the reasons why a guardianship is needed.

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Who needs to be notified that a Petition for Guardianship has been filed?

You must send a notice of the court hearing to the child's parents and adult siblings and to the child, if the child is over 14.

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What happens at the court date for a Petition for Guardianship?

At the court hearing, the judge decides whether the guardianship is in the child's best interests. The law presumes that the child is best placed with a parent, so you would have the burden to prove otherwise if a parent objects to the guardianship.

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What does a Guardian ad Litem or GAL do?

The judge may appoint a guardian ad litem or "GAL" to investigate the facts of the case, and decide what would be in the child's best interests. The GAL makes a report to the judge about who should be given the responsibility for the care of the child. The judge considers the GAL's opinion in making the final decision.

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Does it cost money to file my court forms?

The Clerk charges a fee to file court papers. The filing fees vary from county to county. Call your county's Circuit Clerk to find out the cost for filing a petition for guardianship, and serving the guardianship papers. To find out how to contact your county's Circuit Clerk, visit the Illinois Courts' website.

If you cannot afford these fees, you may be allowed to file for free. See "Filing Court Papers for Free" in the "Related Articles" section for more information.

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Forms/Letters

We're sorry; we do not have forms available for your location.  If you need forms to go to court, please check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.

Instructions

1. Prepare Your Forms
2. File Your Case in Court
3. Pay the Filing Fee
4. Notify the Child's Adult Relatives
5. Go to Your Court Date
6. Get a Certified Copy of the Order

Prepare Your Forms

To be appointed guardian, you need to file the following forms:

• Petition for Guardianship of Minor
• Order for Guardian of Minor
• Notice of Motion (1 for each relative you need to notify)
• Affidavit for Service by Publication (if you do not know the location of the child's relative)

For many counties, these forms are in the "Forms/Letters" section of this Guide. If not, you can ask for them at the local clerk's office.

You should make makes two copies of the original forms.

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File Your Case in Court

Give the court clerk the original and 2 copies of the Petition for Guardian of Minor. The clerk should stamp both the original and the copies of the petition and give a stamped copy back to you.

The clerk should assign you a case number at this time.

The clerk will then assign you a court date, if you have not been assigned one already.

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Pay the Filing Fee

If you cannot pay the filing fees, you can ask the court to let you file for free, called a fee waiver. For more information on how to do this, see" Filing Court Papers for Free" in the "Related Articles" section of this Guide.

If the court allows you to file for free, you will need to give the clerk a copy of the stamped order from the judge so that you are not charged to file.

If you did not file for a fee waiver, or the court does not grant your fee waiver, you will need to pay the clerk the necessary filing fees.

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Notify the Child's Adult Relatives

You must notify all of the child's adult relatives that you are seeking guardianship of the child. The way you give notice depends on whether you know where the relative lives.

1. Notice by Publication

If you do not know the person's last known address, you may be able to publish your notice in the newspaper. Ask the clerk where you can find the "Legal Publications" department of the court. Take your "Affidavit for Service by Publication" and a copy of the "Petition for Guardian of Minor" to the clerk in the Legal Publications department. If you have a waiver for the fees, give a copy to the clerk. If you don't have a fee waiver, then you will have to pay a fee to serve notice by publication.

2. Notice by Certified Mail

If you know the relative's address, then you serve them by mailing the Notice. You should fill out a "Notice of Motion" for each relative. Put the following papers in an envelope and take them to your local post office:

• Original Notice of Motion (keep a copy)
• Copy of the petition (not the one stamped "original")

Address the envelope to the child's relative. Tell the postal clerk that you want to send this "Certified Mail--Return Receipt Requested." Sign the card in front of the postal clerk.

In about a week, the post office should bring you either the green card receipt or the green card receipt attached to the undelivered letter. Take this to court on your court date.

If you do not get the green card receipt before your court date, call the post office where you mailed it and ask what happened. You should also appear in court on your court date and let the judge know that you have not received the receipt. The judge will likely continue the case.

If you get the green card receipt before your court date, wait until the assigned date and come to court then.

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Go to Your Court Date

Come to the court early with your paperwork and a valid driver's license or state identification card. Dress as you would for an important business appointment. The child must come too if he or she is 14 or older.

Go to courtroom assigned to you by the clerk and check in with the clerk. Give the clerk these forms and documents:

• Order for Guardian of Minor (the original and 1 copy)
• The child's birth certificate (the original and 1 copy)
• Any death certificates (the original and 1 copy)
• Appearance and Consent for Letters Appointing Guardian
• Return receipt of certified mail notices

Wait for your case to be called. When your case is called, step to the bench and tell the judge you want to be guardian over the child. Then answer the judge's questions. If the minor is 14 or older, he or she should step to the bench with you. Minor's 14 and older will be asked by the judge if they agree to the guardianship.

When you are finished before the judge, wait until the clerk gives you a court order.

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Get a Certified Copy of the Order

If you are appointed guardian, you should get a certified copy of the "Order for Guardian of Minor." This will cost a small fee.

The court will then send you "Letters of Office" which prove that you have legal guardianship of the minor within a few weeks of your court date.

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Helpful Organizations
The following organizations may be able to help you with child support

Organizations 1 of 10 |

1.

Prairie State Legal Services, Inc. - Kankakee Office 191 South Chicago Kankakee, IL 60901 | View map Phone: 815-935-2750 TTY: 815-935-2764 Toll-free: 800-346-2864 Languages: English View Website

Prairie State Legal Services, Inc. provides free legal services in civil legal matters for low-income persons who have incomes below 125% of the federal poverty guidelines and senior citizens age 60 and older regardless of income. Eligibility Whether you are eligible for help from Prairie State Legal Services depends on the following factors: You meet our income and asset guidelines, or are age 60 or older. We have no ethical conflict of interest regarding your legal issue. You live within the service area of Prairie State, or have a civil legal problem in one of the counties in our service area. You meet the citizenship or immigration requirements established by Congress. It should be noted that immigrants who are fleeing domestic violence or trafficking are eligible for legal help regardless of immigration status in matters to address the abuse. Government regulations do not prohibit Prairie State Legal Services from handling your type of legal problem. You have one or more legal problems that can be addressed by PSLS attorneys and that fall within our established priorities. Types of Legal Help Due to high demand for our services, our staff is able to provide representation in certain areas of civil law designated as a priority. The following kinds of problems are illustrative of the cases that we may be able to help with (not an exclusive list): High Priority Cases Family Law: Protection from abuse or exploitation of domestic violence victims, elderly, children and persons w/disabilities; divorce and related relief for domestic violence victims. Housing Law: Evictions and lock-outs; foreclosure defense; loss or denial of subsidized housing benefits; loss or denial of essential public utilities; substandard housing conditions cases that cannot be addressed by other agencies. Health Care: Loss or denial of medical or nursing home care; loss or denial of medical benefits (Medicaid, Medicare). Needs-based government assistance: Loss or denial of SSI, GA, TANF, VA, food stamps. Other income benefits where alternative representation is unavailable: Loss or denial of unemployment insurance, Social Security Title II benefits. Other Cases We May Handle Family Law: Child support, custody, guardianship, visitation, parental rights, divorces for non-domestic violence victims. Housing: Rent issues; security deposits; unit size; discrimination. Education: admission, expulsion, special education & related services. Health care and people with disabilities: powers of attorney and other health care documents; discrimination and reasonable accommodations. Income or benefits: overpayments of government assistance; health insurance matters; employment issues. Consumer Law: Bankruptcy or other debt relief; consumer fraud; protection of exempt income and assets; unfair debt collection practices; repossession; contract defenses.   View current federal poverty levels

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