Asking for Guardianship of a Child

Asking for Guardianship of a Child

Last updated: December 2009

topIntroduction

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.

topCommon Questions Print

  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 standby guardian is someone who has been appointed by the judge as the person who will act as a guardian of the child when the child's parents or the the guardian of the person of the child die or are no longer willing or able to make and carry out the day-to-day child care decisions concerning the child. Parents or a guardian may designate in writing the person that they would want to be appointed standby guardian. However, to become the standby guardian, you must file court papers and be approved by the judge.

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. You can learn more about Short-Term Guardianship in the "Related Articles" section.

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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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    topForms/Letters

    For forms relevant to your location, please enter your zip code.

           

    topInstructions

    For instructions relevant to your location, please enter your zip code.

           

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