This will show you how you can be named guardian of a child. The steps involved in getting guardianship of a minor are: Review the "Common Questions."Determine whether you are eligible to become the guardian of a minor.Complete and file the court forms in "Forms/Letters."Go to court and present your case to the judge.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> When and how is a guardian appointed?A guardian is appointed when parents, for whatever reason, cannot or will not take care of a child. A guardian can be appointed if parents die, or if they go away and cannot be found, or if they are unable or unwilling to care for the child. You must go to court to get guardianship of a child. It is very difficult to get guardianship of a child if you are not a parent of the child, the child is currently living with a parent and the parent will not consent to your appointment as guardian. If this is the case, you should talk to a lawyer. If the child is the subject of current juvenile court, divorce or parentage proceedings you should talk to a lawyer before petitioning for guardianship. If the child is involved with the Illinois Department of Children & Family Services (DCFS), you should speak with the child's caseworker, or a lawyer, before trying to get guardianship of the child. See the "Related Articles" section for information about how to contact DCFS.Search the "Helpful Organizations" section to find free legal help.]]>Who can be a guardian?To become a child's guardian you must:Be at least 18 years old Be a U.S. resident Be of "sound mind," which means rational, sane and responsible Have no felony convictions that involved harm or threat to a minor, elderly or disabled person Not have contributed to child abuse or neglect]]>What does a guardian do?A guardian has custody and control of the child. The guardian is responsible for the child's care. The guardian makes sure the child is properly fed, clothed, and housed, and that the child goes to school. The child must live with the guardian, and cannot be returned to the parents without court approval.A guardian can receive the child's government benefits, but the guardian does not control any other money or property that the child may own. If you want control of a child's money or property, you must ask for a guardianship of the estate. To ask for a guardianship of the estate you will need the help of a lawyer. Search the "Helpful Organizations" section to find free legal help.]]>What if a guardian is only needed for a short period of time?If a guardian is only needed for only a short period of time, such as when a parent is in the hospital, then a short term guardian can be chosen by the minor child's parents to become the child's legal guardian for up to 365 days. In cases where a court has already appointed a guardian of the child, that guardian may appoint a short term guardian if necessary. See the "Related Articles" section for more information about how to appoint a short term guardian.]]>How is guardianship different from adoption?With adoption, birth parents give up all rights and responsibilities for the child. With guardianship, parents keep some of these rights and responsibilities. For instance, parents can visit the child or challenge the guardian's power. They can get child custody back by going to court. Also, the parents must pay child support if they are able to. The guardian can seek this support in Child Support Court. See the "Related Articles" section for more information about how to get child support.]]>Can a child live with the parents if there is a guardian?No, but parents can name a guardian for the future while keeping custody now. To do this parents should set up a standby guardianship. Go to the "Related Articles" section for more information about how to appoint a standby guardian.]]>How does someone become a guardian?Only a judge can make someone a guardian. To get guardianship of a minor, you must first prepare and file certain forms with the circuit court that will be handling your case to ask a judge to appoint you as the child's guardian. Go to the "Forms/Letters" section to find the forms you will need.Click on the link below for a list of Illinois Circuit Courts and the counties they serve.Illinois Circuit Court ClerksAfter you file your forms with the judge's court clerk, you will be assigned a date on which you will need to return to court to present your case. You will also need to officially notify any adult relatives of the child that you are going to court to become the child's guardian. The instructions in the "Step-by-Step" section will explain the steps you have to take to get guardianship of a minor in your court district. If your county is not listed, use the "Statewide" instructions.]]>Who needs to receive notice of my petition for guardianship?You need to notify by mail at the last known address, any adult relatives of the child over whom you wish to be appointed guardian, including: Biological or adoptive parents Adult siblings Spouse (if applicable)The person who currently has custody of the child (if other than you) and The guardian, if there is currently one in place As a last resort if you do not know the person's last known address, you may be able to publish your notice in the newspaper.]]>How long does it take to become a guardian?After you file your papers with the court it can take one month or many months to get guardianship. The time it takes depends on the facts of the case. It will take longer if the parents do not consent, if you need to give notice by publication, or if the court appoints a Guardian ad Litem (GAL). A GAL is a lawyer who is appointed by the court to conduct an investigation and make a recommendation to the court as to what is in the child's best interests.]]>How much does it cost to file for guardianship?The amount it costs to file for guardianship is different depending on the court in which you are filing. In all courts, there is usually a filing fee and a fee for a certified copy of the court order. If you do not know how to find the child's parents or the child's adult brothers or sisters, you must also pay a fee to put a notice in the newspaper. If you cannot afford these fees, you can fill out an Application to Sue or Defend as an Indigent Person to ask the court to "waive" the costs. The Application to Sue or Defend as an Indigent Person is also called a "298 Petition" or "Petition to Sue or Defend as a Poor Person" depending on the court in which you are filing. Go to the "Related Articles" section for more information about how to waive your court costs.]]>Where can I go for help?Go to the "Related Articles" section for more information about minor guardianship and information about self-help resources available in your area. You can also search the "Helpful Organizations" section to find free legal help.]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]>5292index.cfm?fuseaction=home.dsp_content&contentID=5292Petition for Appointment of Guardian for Minor with Instructions5293index.cfm?fuseaction=home.dsp_content&contentID=5293Order Appointing Guardian for a Minor with Instructions4633index.cfm?fuseaction=home.dsp_content&contentID=4633Minor Guardianship DocumentsClick on this link to go to an interview that will automatically prepare your forms for you. Please answer the interview questions accurately and carefully to make sure that your forms will be correct. You may then print the documents and follow further instructions listed in the "Step-by-Step" section.5621index.cfm?fuseaction=home.dsp_content&contentID=5621Petition for Guardian5683index.cfm?fuseaction=home.dsp_content&contentID=5683Instructions for Petition for Guardian of Minor5622index.cfm?fuseaction=home.dsp_content&contentID=5622Order for Guardian of Minor5684index.cfm?fuseaction=home.dsp_content&contentID=5684Instructions for Order for Guardianship of Minor6612index.cfm?fuseaction=home.dsp_content&contentID=6612Kane County Petition for Appointment of Guardian for MinorComplete this form to petition the court to appoint a guardian for a minor child6613index.cfm?fuseaction=home.dsp_content&contentID=6613Kane County Order Appointing Guardian of MinorBring this order with you to Court for the hearing on your guardianship petition5617index.cfm?fuseaction=home.dsp_content&contentID=5617Petition for Appointment of Guardian for a Minor5682index.cfm?fuseaction=home.dsp_content&contentID=5682Instructions for Petition for Appointment of Guardian for A Minor5619index.cfm?fuseaction=home.dsp_content&contentID=5619Notice of Motion5686index.cfm?fuseaction=home.dsp_content&contentID=5686Instructions for Notice of Motion for Guardianship5618index.cfm?fuseaction=home.dsp_content&contentID=5618Order Appointing Guardian for a Minor5685index.cfm?fuseaction=home.dsp_content&contentID=5685Instructions for Order Appointing Guardian for a Minor5642index.cfm?fuseaction=home.dsp_content&contentID=5642Petition for Guardian5643index.cfm?fuseaction=home.dsp_content&contentID=5643Motion for Waiver of Notice for Minor Guardianship with Instructions5649index.cfm?fuseaction=home.dsp_content&contentID=5649Order Appointing Guardian with Instructions5648index.cfm?fuseaction=home.dsp_content&contentID=5648Mother's Entry of Appearance, with Instructions5647index.cfm?fuseaction=home.dsp_content&contentID=5647Father's Entry of Appearance, with Instructions5646index.cfm?fuseaction=home.dsp_content&contentID=5646Minor's Entry of Appearance, with Instructions5645index.cfm?fuseaction=home.dsp_content&contentID=5645Minor Guardianship Bond, with Instructions5644index.cfm?fuseaction=home.dsp_content&contentID=5644Oath of Office for Minor Guardianship, with Instructions6505index.cfm?fuseaction=home.dsp_content&contentID=6505McHenry County Petition & Nomination for Guardian for a Minor6506index.cfm?fuseaction=home.dsp_content&contentID=6506Appearance, Waiver and Notice for Appointment of Guardianship of a Minor6500index.cfm?fuseaction=home.dsp_content&contentID=6500McLean County Guardianship of Minor packet6626index.cfm?fuseaction=home.dsp_content&contentID=6626St. Clair County Guardianship packetUse these forms to ask the court to appoint a guardian for your minor child(ren)6627index.cfm?fuseaction=home.dsp_content&contentID=6627St. Clair County Petition for Guardianship of a MinorUse these forms to ask the court to appoint a guardian for a minor child when you are not the child's parent6628index.cfm?fuseaction=home.dsp_content&contentID=6628St. Clair County Instructions for Guardians of MinorsUse these forms to report back to the court one year after you have been appointed as guardian of the minor child(ren) Following are step-by-step instructions to help you with your legal problem. If the county you live in is listed, use the steps for that county. If the county you live in is not listed, use the General Steps and check with the Clerk of the Court in your county for any specific procedures you will need to follow. Click here to find the location of your Clerk's office. You should print the steps for your county and take them with you to use as a checklist. ]]>Cook County StepsClick on the title below to view and print step-by-step instructions:Steps for Getting Guardianship of a Minor in Cook County ]]>Madison County StepsClick on the title below to view and print step-by-step instructions:Steps for Getting Guardianship of a Minor in Madison County ]]>General StepsClick on the title below to view and print step-by-step instructions:General Steps for Getting Guardianship of a Minor in Illinois ]]>Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>2151index.cfm?fuseaction=home.dsp_content&contentID=2151Tips for Going to Court1779index.cfm?fuseaction=home.dsp_content&contentID=1779How to Waive Your Court Costs5189index.cfm?fuseaction=home.dsp_content&contentID=5189How Do I Appoint a Short Term Guardian for My Child?4250index.cfm?fuseaction=home.dsp_content&contentID=4250How Do I Discharge the Guardian of a Minor?5394index.cfm?fuseaction=home.dsp_content&contentID=5394Going to Court on Your Own Video