1. Fill out guardianship forms
Fill out and sign the forms listed below. Make at least 3 copies of each form.
- Petition for Guardianship of a Minor: Complete this form to help you become the guardian of a minor.
- Exhibit A to Guardianship of a Minor: Use this form if you need to notify any of the child's relatives that you are petitioning for guardianship.
- Notice of Motion: Tell other parties about the case.
- Appearance and Consent for Letters Appointing Guardian: Use this form when a relative needs to agree to the guardianship.
If you live in Cook County:
- Minor Guardianship Request - Cook County: Use this program to help you fill out the forms needed to become the guardian of a minor in Cook County.
If you do not have money to pay court fees, you should also fill out the below application:
- Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.
2. File your forms with the court
You should file the following forms:
- The original and 2 copies of the Petition for Guardianship of a Minor
- Exhibit A to Guardianship of a Minor (if you need to notify any of the child's relatives that you are petitioning for guardianship)
- Notice of motion
There is no fee to use eFileIL, but there is a fee to file most forms with the court and additional court costs. The amount depends on the type of case you have and the county where you are filing. The efiling system will calculate the fees depending on the type of case you have. If you do not pay the fees or include a fee waiver your e-filed document may be rejected. These fees may also include a credit card or eCheck processing fee.
If you do not have money to pay court fees, use the Application for Waiver of Court Fees program.
Now that you have filled out your forms, you need to file them with the clerk. The method you are required to use depends on the county where you are filing.
- E-filing: Most counties require you to file your forms and documents electronically. See E-Filing Basics for more information.
- Paper filing: If you are allowed to paper file because you have a sensitive case type or have an E-filing Exemption Certificate, take your completed forms to the circuit court clerk's office in the courthouse. See courthouse locations. The clerk will stamp your forms. This stamp is important because it's proof that you filed the form with the court. They will give you a copy for your records.
How you will find out about the court date (or hearing date) and time depends on how you filed your case.
- E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
- Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.
Once you have a court date, put this date on the Notice of Motion. Make sure the date is at least 2 weeks away so that you will have time to notify the parents and get a return receipt back.
3. Tell the child's adult relatives about the case
- The child's parents
- The child's siblings 18 years old and over
- The child, if the child is at least 14 years old
- Anyone else who has had legal or informal custody of the child
The way you give notice depends on whether you know where the relative lives. If you know the relative's address, then you serve them by mailing the documents by certified mail, return receipt requested.
Put the following papers in an envelope and take them to your local post office:
- Notice of Motion
- Petition for Guardianship of a Minor
- Exhibit A to Guardianship of a Minor (staple this to the petition)
Keep a copy of the above documents for yourself. Address the envelope to the child's relative. Go to the post office and tell the postal clerk that you want to send it certified mail, return receipt requested. Sign the card in front of the postal clerk.
In about two or three weeks, the post office should bring you either the green card receipt by itself or the green card receipt attached to the undelivered letter. Take the receipt 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 to another date.
If you do not know the address of a relative, you have to publish notice of the case. Ask your circuit clerk for instructions how to do this in your county. You will need all of the following:
4. Go to your minor guardianship 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 also come if they are 14 or older.
It is important to follow the below suggestions when going to court:
- Get to the courthouse at least 30 minutes before your hearing time. Go to the courtroom listed on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
- Check-in quietly with the courtroom staff and wait for your name and case number to be called; and
- When your case is called, walk up to the judge and introduce yourself. Briefly tell the judge what you want out of the case. After listening to you and the other side, the judge will let you know what happens next.
If this is your first time going to court, learn more about the process of Going to court.
Bring these items to your court hearing:
- Order for Guardian of Minor filled you (the original and 1 copy for each child)
- The child's birth certificate (the original and 1 copy)
- Any death certificates, for example of the child's parents or former guardian (the original and 1 copy)
- Appearance and Consent for Letters Appointing Guardian from any relatives agreeing to the guardianship
- Return receipt of certified mail notices
Wait for your case to be called. When your case is called, step up and tell the judge you want to be the child's guardian. Answer the judge's questions. If the minor is at least 14 years old, they should step up with you. The judge will ask minors 14 and older if they agree to the guardianship.
When you are finished speaking with the judge, wait until the clerk gives you a court order that will let you know what the judge decided.
5. Get a certified copy of the minor guardianship order
If the judge grants your request to become the guardian of the child, you will need to get a certified copy of the order. Take the order back to the circuit clerk who will certify the order and then direct you to the cashier.
If you do not have a fee waiver, there will be a fee for each order you need certified. If you have the fee waiver, you will need to show your signed and stamped fee waiver order to the circuit clerk. Do not leave the building until you have done this. You must get the court order certified the same day that you receive it.
Updated: January 2017