Why Would a Guardian Be Appointed for a Child in Illinois?

 Posted on September 19, 2024 in Guardianships

In addition to divorce, child custody, asset division, spousal support and child support, guardianship matters fall under the category of family law. Usually, only a child’s parents have the authority to make decisions regarding the care of a child, but sometimes, a parent is unable or unwilling to make those decisions, and so a guardian must be appointed by a family court judge.

A guardian, who is often a family member, takes on the duties and responsibilities of a child’s parents. Different types of guardianship exist, depending on the child’s specific needs. It is important to note that parental rights are not terminated when a guardian is appointed, and that a parent may file a petition seeking the discharge of the guardian.

If you have been appointed guardian of a child, or if you are the parent of a child who has had a guardian appointed, you may have questions, so it can be very beneficial to speak to an Oak Park, IL family law attorney from the Law Office of Vincent C. Machroli, P.C.. Attorney Vincent C. Machroli has been helping Illinois families with regard to guardianship matters since 1988.

What Are the Different Types of Child Guardianship?

There are three main types of child guardianship in Illinois:

• Stand-by guardianship;

• Short-term guardianship; and,

• Plenary guardianship.

Stand-by guardianship is used when the parent or parents of a child can no longer care for the child. The parent may be ill, may live apart from the child, or may have died. Parents who frequently travel or work abroad can benefit from a stand-by guardianship arrangement.  A parent who is concerned about his or her ability to care for a child also may have a stand-by guardian appointed.

Short-term guardianship usually lasts for one year or less. A parent or legal guardian of a child may appoint a short-term guardian, often when the parent is incarcerated for less than a year, hospitalized, or will be out of the country. With both short-term & stand-by guardianship, the parent usually chooses the guardian for his or her child.   

Plenary guardianship is established under the Illinois Probate Act of 1975, which allows a guardian full authority to make decisions for the child and the child’s estate. Once appointed, a guardian has the same rights and responsibilities as the parents of the child. The guardian can decide issues related to where the child will live, go to school, and what medical care the child will receive. A plenary guardianship also gives the guardian the right to manage the child’s property and money.

What is the Process for Obtaining an Illinois Child Guardianship?

To begin the guardianship process, a person who wants to be appointed a guardian will file a petition with the court that includes the child’s birth certificate. The petitioner may be required to submit drug test results and background checks, and is required to give notice to the child’s parents via certified mail at least 14 days prior to the scheduled hearing.

The first guardianship hearing will be held within 45 days from when the guardianship petition was filed. During the hearing, a judge will consider all the facts to determine whether it is in the child's best interests to have a guardian. In some cases, a home study may be ordered. A guardian ad litem will meet with all those involved, and will visit the proposed guardian’s home. The judge will determine who will be the guardian, and how long the guardianship will last.  

Contact a Hillside, IL Family Law Attorney to Schedule a Free Consultation

Guardianship of a child may be against the parents’ wishes, or the petition may be brought on behalf of a parent who cannot care for his or her child, either temporarily or permanently. The petition can also be brought by a relative following the death or illness of the child’s parent. Having an experienced Oak Park, IL family law attorney from the Law Office of Vincent C. Machroli, P.C. to assist you throughout the process can be very helpful, as guardianship cases can sometimes be complicated. To schedule a free consultation, contact the Law Office of Vincent C. Machroli, P.C. at 708-449-7404.