Family & Safety

Complete and sign the documents listed below. These are forms that are accepted statewide. Make at least three copies of each.

• Petition for Guardianship of a Minor: Complete this form to help you become the guardian of a minor.
• Order Appointing Plenary Guardianship of a Minor: The order the judge will sign if they decide you will be appointed as guardian.
• One of these two forms:
  • Oath of Guardian:  This form is to promise you will fulfill the duties of a guardian if you are appointed guardian of the child's person.
  • Oath & Bond of Guardian: You may be required by the judge to fill out this form if you are appointed guardian of the child's estate (property). This is a financial guarantee that you will manage the child's property in their best interests.

In addition, you may be required to file other forms depending on your situation. You should also check with your local Circuit Clerk for information on what is required locally:

• Notice of Hearing on Petition for Guardianship of a Minor: gives notice about the guardianship case and court date to the child's parents and other interested parties.
• Consent to Guardianship of Minor and Appearance: the form that the child's parents and other interested parties can sign showing they agree with the guardianship.
• Nomination of Guardian by Minor: the form a child 14 years or older can sign showing they want you to be their guardian.
• Order Appointing Guardian ad Litem of Minor: a form the judge can sign to appoint a Guardian ad Litem, who will evaluate what is in the child's best interests.
• Statement in Support of Notice by Publication: if you cannot find the child's parents or an interested party to notify them of this case, you may need to publish notice in a newspaper. Note that some counties require you to first file a motion asking to use this process, to which you would attach this Statement.
• Order to Obtain Birth or Death Certificate: if a birth or death certificate is required in your case and you need a court order to obtain it from Vital Records, you can use this form.
• Criminal background checks or DCFS background checks: some counties require one or both (Cook County). Some require fingerprinting. 

Use the Guardianship of a Child program to complete these forms.

Now that you have filled out your court forms, file your documents online via e-filing or in person (if you qualify for an exemption from the Illinois e-filing mandate). If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

In Illinois, there are no fees to file for guardianship of a child. However, there may be other costs, such as fees for serving other parties in the case. If you qualify, you can get a fee waiver. A fee waiver allows you to file for free or at a reduced cost.

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.

In requesting a court date, you must consider how you will notify all of the child’s relatives who are required to be notified:

• If you know the location of the relatives you are required to notify: allow enough time to both mail documents via certified mail, return receipt requested, as well as receive the green return receipt card back. The relative must receive this notice at least seven days before the court date.
• If you do not have the addresses of the relatives you are required to notify:  schedule a court date at least 45 days away to allow for notice by publication.

Once you have a court date, put the date and time on the Notice of Hearing on Petition for Guardianship of a Minor. It is also important to include the telephone number or login information if the hearing can be attended by phone or video.

Who you must send the Petition for Guardianship of a Minor and the Notice of Hearing on Petition for Guardianship of a Minor depends on whether the child is married:

• If the child is married: only the spouse must receive these two documents.
• If the child is not married: the child's parents and any siblings 18 years old and over must be given the two documents. If the child does not have any of these individuals, the two documents must be sent to close adult relatives, such as grandparents, uncles, or aunts.

If the child is at least 14 years old, they must receive a copy, as must any individual designated as a short-term guardian.

The way you give notice depends on whether you know where the relative lives. If you know the relative's address, you can serve them by mailing the documents via certified mail, return receipt requested, so they receive them at least seven days before the hearing. Put a copy of the Petition for Guardianship of a Minor and Notice of Hearing on Petition for Guardianship of a Minor in an envelope, address it to the child’s relative, and bring it to your local post office. 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 on its own 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 in a newspaper by filing the Statement in Support of Notice by Publication form. Depending on the county, some clerks will send the information to the newspaper, but in others, you will have to provide the information using the Minor Guardianship Publication Information for Newspaper form. You must ask the newspaper to print the notice at least once a week for three weeks in a row, with the first printing done at least 30 days before the court date. If the newspaper gives you a Certificate of Publication, file it with the clerk if the newspaper will not handle that step for you. 

If the child’s relatives, after notice of the case, agree to the guardianship, they can sign the Consent to Guardianship of Minor and Appearance. Similarly, if the child is 14 years or older and also agrees, they can sign the Nomination of Guardian by Minor form. If these forms are completed, they must be filed with the clerk’s office.

Some counties may require a copy of the child’s birth certificate. If you do not have a copy of the birth certificate and a court order is required to get one, you can use the Order to Obtain Birth or Death Certificate form. You can also use this form if a court order is required to get a death certificate for a deceased parent or former guardian.

Similarly, some counties require a criminal background check, a Department of Children and Family Services (DCFS) background check, or both, such as Cook County. Others require fingerprinting. Check with your local clerk regarding what is needed.

Next, prepare for your court date by planning to bring with you:

• Petition for Guardianship of a Minor; 
• Order Appointing Plenary Guardianship of a Minor (filled out except for information you do not know and the judge’s signature; bring the original and two copies for each child)
• Notice of Hearing on Petition for Guardianship of a Minor; 
• Oath of Guardian or Oath & Bond of Guardian;
• Consent to Guardianship of Minor and Appearance (if applicable);
• Nomination of Guardian by Minor (if applicable);
• Birth or death certificates (if required; one original and one copy);
• Criminal background check, DCFS background check, or fingerprinting (if required);
• Green return receipt cards showing notice was provided to the child’s relatives (if applicable);
• Information showing notice by publication in a newspaper (if applicable);
• Photo ID; and
• Copies of documents filed in your case or relevant to the case, as well as evidence.

Also, plan to bring any witnesses you want to testify at the hearing. Check your local rules to determine whether a child aged 14 or older must also attend. 

The court date of the guardianship case can be held in person or via telephone/video:

• In person
  • 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.
• Via telephone or video call
  • Prepare for the call by confirming your technology is working and ready for you to call or log in. You should start trying to log in at least 15 minutes before the time of the hearing.
  • Mute yourself when you aren’t speaking and unmute yourself when your case is called.
  • Put your name in your video conferencing software so the judge can identify you and your case.

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.

At this point, the judge may decide to proceed in different ways:

• The judge may grant guardianship, particularly if all required relatives were given notice and agree to it.
• The judge may need more information and require a court date at a different time.
• The judge may appoint a Guardian ad Litem (GAL) to represent the child’s best interests. The GAL will conduct their own investigation and report back to the judge.
• The judge may set the case for trial at a later date, at which the parties can present their cases. This includes providing evidence and witnesses testifying.

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 to the circuit court clerk, who will certify the order and then direct you to the cashier. Do not leave the building until you have done this. You must get the court order certified the same day that you receive it. If your court appearance was virtual, you should receive this via email or mail after your court date. 

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.  

The court will then issue you Letters of Office or Letters of Guardianship, which prove that you have legal guardianship of the minor. You may be able to get the Letters the same day as your court date, or they might be emailed or mailed to you later. If a certified copy is required, contact the circuit clerk’s office.

According to the Administrative Office of Illinois Courts, being a guardian of a child comes with many responsibilities:

• “While you are guardian of the person:
  • You are responsible for the health, welfare, and education of the minor.
  • You must notify the court and the minor’s parents of any change in your address or the address of the minor within 30 days of the change.
  • You must first get permission from the judge before moving out of state with the minor or traveling with the minor outside the state for more than 30 days.
  • You cannot transfer custody of the minor to anyone else, including the minor’s parents, without permission from the judge.
  • You may be required to file annual status reports with the court
• While you are guardian of the estate: 
  • You are responsible for the care, management, and investment of the minor’s estate. 
  • You must keep records of the minor’s income, assets, and expenditures. 
  • You must appear on behalf of the minor in any legal proceeding regarding the minor. 
  • You must notify the court and the minor’s parents of any change in your address or the address of the minor within 30 days of the change. 
  • You may be required to file annual status reports with the court.“