What Does Child Guardianship Mean in Illinois?

 Posted on September 12, 2024 in Guardianship

In the majority of families, parents have children and raise them through the children’s lives. The parents provide food, shelter, clothing, and a loving and safe environment. Unfortunately, some parents cannot or will not suitably raise their children. In such cases, a responsible adult - generally an aunt, uncle, stepparent, grandparent, or someone else in the child’s life - can take over the responsibilities that a parent is supposed to handle.

While child guardianship is not the same as adoption, it is similar in that it authorizes someone other than a parent to take over the role of primary caregiver. If this is something you are interested in doing for a child in your life who is not being properly cared for, speak with an experienced Cook County, IL family law attorney.

Child Guardianship vs Adoption

Child guardianship is a legal arrangement that authorizes someone to make important decisions on a child’s behalf when the parents are unable or unwilling to. This can include decisions about education, healthcare, and general welfare. Although guardianship and adoption may seem similar, there are two main differences between the two:

• Termination of rights: Guardianship does not terminate the biological parents’ parental rights, but gives a guardian the legal authority to act in the child's best interest. With adoption, at least one biological parent no longer has any rights.

• Permanence: Guardianship can be terminated or modified when biological parents’ circumstances improve. Adoption is final, and once it is done, it cannot be reversed.

Child Guardian Eligibility

Any responsible adult can be appointed as a guardian, but it is typically a close relative or family friend. Sometimes they are appointed with the parents’ consent but if the biological parents are incapacitated, deceased, or unable to care for their child for some other reason, a guardian can be appointed by the court. To be a legal guardian, you need to:

• Not have legal disabilities

• Be of sound mind

• Be 18 years old or older

• Have no record of committing crimes that harmed a child

In most cases, you also need to be a legal U.S. resident.

When is Child Guardianship Possible?

In Illinois, the courts try to make sure children stay with their parents when possible. However, if parents cannot or will not fulfill their parental responsibilities, guardianship becomes a relevant option. If, for example, the child’s parents have died or abandoned her, are in prison, addicted to alcohol or drugs, or suffer from physical or mental disabilities that prevent them from making sound decisions on the child’s behalf, guardianship is a logical measure.

Schedule a Free Consultation with a Chicago, IL Child Guardianship Lawyer

If you are interested in becoming a legal guardian over a child who you believe is not being properly cared for, speak with a qualified Cook County, IL family law attorney. At The Law Office of George J. Skuros we are dedicated to helping children and families get the best outcomes. Call us at 312-884-1222 to schedule a free consultation.