The Best Illinois Guardianship of Minor Lawyers

How Guardianship of Minor Cases Affect Parental Rights

Guardianship of minor cases and the allocation of parental rights cases are similar, yet very different in many aspects. The laws regarding these cases vary throughout the United States, and each case may have similar or different outcomes.

Guardianship of a minor occurs when one person is given the legal authority by the court to make decisions about the welfare of a child. The probate court determines these cases. Most individuals think these cases are family law issues litigated in family court, also known as domestic relations.

Cases involving parental rights are generally only filed by married parents seeking to divorce or unmarried parents seeking to establish paternity and parental rights, or if there are allegations of child abuse involved.

In an allocation of parental rights case, the court will determine which parent will have custody of the child and what type of visitation schedule the other parent will have. The court will also determine whether either parent will pay child support.

If you are involved in a guardianship matter, you will find that the cases are very different from allocation of parental rights/child custody matters, but they have one very similar goal and thought in mind: the court will always seek an outcome that meets the minor child's best interest.

Parental rights are not usually terminated in guardianship matters but in adoption proceedings. Guardianship of a minor is generally used when one or both parents are in jail, have passed away, have a mental illness, have abandoned the minor, or if there has been abuse or neglect in the home.

Issues such as alcohol abuse, mental health, and drug addiction may also play a considerable factor in filing for guardianship of a minor. Guardianships can also be set up for children whose parents live out of state and cannot care for the child at that time. Children and families often benefit from guardianship of minor matters since they allow for the preservation of relationships.

Guardianships are not permanent but can be long-term or short-term based upon the needs of the child. Adoptions are permanent, and once an adoption is finalized, the parental rights of the birth parents are terminated.

If you are seeking to gain legal guardianship over a minor child, it is vital to have an experienced guardianship lawyer on your side who knows the law and court procedures.

If you seek to become the guardian of a minor child or are a parent who needs to terminate a guardianship, it is essential to have an experienced and local guardianship attorney on your side.

We have represented guardians and parents in Illinois guardianship matters at Chicago Family Attorneys, LLC. We know the law and court procedures and will work tirelessly to protect your rights.

Types of Guardianship of Minor Cases in Illinois

Guardianship of the Person and Guardianship of the Estate

In a guardianship of the person case, the guardian is given authority to make decisions about the child's education, medical care, and general welfare. In a guardianship of the estate case, the guardian is given authority to manage the child's financial affairs.
In a guardianship of the person and estate, the guardian is given the power to make decisions about the child's welfare, healthcare, and financial affairs. The best interests of the child are always kept in mind throughout guardianship cases.

There are circumstances where a guardian or conservatorship will be mandatory. For instance, if a child is to be awarded a payment of $10,000 or more, a guardian of the estate must be appointed. Guardianship and conservatorship are terms of the law used in coexisting circumstances for a child's financial affairs and investments.

If a child has been a victim of a car accident or if they were injured in another matter, the court may require that guardianship occur over the estate. Legal representation will need to be hired in these situations. Guardianship over an estate is different than guardianship over a disabled person or guardianship over a minor. Powers of attorney will also not assist in this type of case.

Another circumstance in which guardianship is required is when a child has had both parents pass away. If this occurs, the courts require that a guardian of the person be appointed over the child or children within the case.

There are several different requirements for a guardianship of a minor petition to meet the standards outlined in the Illinois Probate Act. Chicago Family Attorneys can help you determine whether you meet these requirements.

Under the Illinois Probate Act (755 ILCS 5/11-3), a person is eligible to serve as a guardian of a minor if the following requirements are met:

• Be at least 18 years old.
• Not have been convicted of a felony.
• Reside in the state of Illinois.
• Be of sound mind and not under legal disability.
• Capable of executing a suitable guardianship program for the minor child.

Other requirements also need to be considered, not just these factors. Our attorneys draft arguments to meet the needs of our clients and their individual situations. Guardianship cases for minor children require the attention and detail of experienced attorneys.

How are Guardianship of Minor cases started?

File a Petition for Guardianship

Guardianship of minor cases are filed in the Probate Division of the circuit court in the county where the child resides. The first step in the Guardianship of Minor process is to file a Petition for Guardianship, which must be served on all interested parties, including the child’s parents (if they are living) and any other person who has been nominated as a possible Guardian by the child or another interested party.

If a diligent search is conducted and relatives are unable to be located, a petitioner may be able to request that the court satisfy the requirement of notice through publication. If a parent has passed away, the petition must be filed and state as such. In addition, a death certificate must be filed with the court.

If a child is 14 years or older, it is important to remember that the minor must consent in writing through a Nomination of Guardianship form or they must be given notice of the hearing.

Other petitions may be filed with the Petition for Plenary Guardianship. For instance, some individuals may need to file a Petition for Temporary Guardianship of a Minor.

If an emergency occurs involving a minor child, you can file a Petition for Temporary Guardianship of a Minor. This is when a child needs a guardian right away. However, this arrangement is not permanent.

A Petition for Review of Guardianship may also be filed if there have been changes in the child’s or the family’s circumstances since the last Guardianship order was entered, and a different type of guardianship arrangement may now be in the child’s best interests.
With a Petition for Guardianship, the Illinois Probate Act has also built in the potential for orders of protection. An Order of Protection is a court order designed to protect an individual from being abused, harassed, or stalked.

Suppose a petitioner in a guardianship matter believes that the child or the guardian is in danger due to domestic violence, being abused, harassed, or stalked by the child’s parent or another party. In that case, he or she may request that an Order of Protection be included as part of the Guardianship case.

Once the court has received the petition and accompanying documents, the court will set the matter for hearing, at which time the court will decide whether Guardianship is necessary and, if so, who should be appointed.

Guardianship of Minor cases are important because they allow adults to be legally appointed as guardians of minor children. This happens when the circuit court determines that parents are unable or unwilling to care for their child. Guardianship of Minor cases can be complex, so it is vital to have an experienced attorney on your side.

Chicago Family Attorneys, L.L.C. has the best attorneys for guardianship of minor cases in Illinois. We will work tirelessly to ensure our client's interests are always protected.

We assist our clients in ensuring that children in guardianship cases are placed in the best possible situation. If you would like to hire an attorney today for your guardianship matter, contact us today to learn more about our services and how we can help you by calling (312) 971-2581 or book a consultation online.

Can you gain custody of a child that is not yours?

If you want to become a guardian of a minor, remember that there are specific rules in the Illinois Probate Act. These rules outline the requirements and procedures for becoming a guardian. It is important to familiarize yourself with these rules before pursuing guardianship. Make sure to follow all the necessary steps and meet all the legal criteria outlined in the Act.

Illinois law provides that the court shall appoint a guardian for a minor child when it is in the child's best interests. Factors the court must consider in making its determination include:

The wishes of the child, if the child is of sufficient age and maturity, the child's ability to express his or her wishes, the child's understanding of the nature and consequences of the guardianship proceedings;

1. The wishes of the parents;
2. The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interests;
3. The child's adjustment to his or her home, school, and community;
4. The mental and physical health of all individuals involved;
5. The ability of the parent or proposed guardian to encourage and facilitate frequent and continuing contact between the child and another party to Illinois law also provides that no presumption shall arise favoring or disfavoring any particular type of custody arrangement.

In determining Illinois law, the court must consider all factors relevant to what is in the child's best interests. The Illinois Supreme Court has consistently touched on the issue of children's best interests. Illinois law does not specify that any particular factor should be given more weight than any other factor. The court has discretion in determining what is in the best interests of a minor child.

The child's maturity is a factor that the court will consider, but it is not determinative. A child's age is not a determinative factor either. The court will interview the child in chambers to evaluate the child's wishes.

The interview with the minor child is not open to the public, and the court will not release a transcript or recording of the interview. The court may appoint a guardian ad litem for the child if the child is of sufficient age and maturity and requests one.

The court must consider the wishes of both parents even if they are not married to each other. The court may also consider any history of abuse or neglect when determining. The ability of a parent to care for a child is also a factor that the court considers.

In determining what is in the child's best interests, the court will consider the mental and physical health of all individuals involved who will affect the child's life and mental and physical health.

When ruling, the court must consider the need for a continuing relationship with both parents and the parent's willingness to facilitate and encourage a close relationship between the child and the other parent. The court will also look at any history of abuse or neglect when making its determination.

Guardian ad Litems have significant impacts on guardianship or minor cases.

Often, the court will appoint a guardian ad litem for the child. A guardian ad litem is an individual appointed by the court to represent the child's best interests. A guardian ad litem is an independent attorney who drafts reports for the court that may be used in hearings. Ultimately, a recommendation will be made by the guardian ad litem to the court on what orders are most appropriate.

A guardian ad litem will significantly impact a case when a child is involved. A guardian ad litem will often interview parents, petitioners, teachers, or any other relevant parties who may be involved in the matter or are witnesses.

When determining minor guardianship matters, the court may consider other factors relevant to the child's best interests. Broad discretion is given to the court in determining a child's best interests.

A guardian ad litem is often appointed through the court to assist the court in determining those best interests. A guardian ad litem is an individual appointed by the court to represent the child's best interests. Often, a guardian ad litem will interview the minor child and the parents in the case. The interview with the minor child will not be released to the public.

Guardian ad litems also can request records from the Illinois Department of Children and Family Services if there are allegations of abuse. These documents may be used in a hearing and the guardian ad litem may introduce them to the court through an oral or written report.

When a court grants guardianship over a minor child, the legal guardian is given authority over the child’s welfare. This includes decisions about education, healthcare, and other essential matters. The legal guardian is also responsible for providing a safe and nurturing environment for the child.

How is guardianship of a minor terminated?

Guardianship of Minor status can be terminated if the court finds that it is no longer in the child's best interests. The legal guardian may voluntarily give up their Guardianship of Minor status at any time. If the guardian feels as though they are unable to make financial decisions on behalf of the minor or if they are unable to care for the child, they will need to let the court know.

If a guardian chooses to no longer care for the minor child, a standby guardian may be appointed. Standby guardians are often appointed through estate planning tools such as a will or a trust. Although a standby guardian may be outlined in the estate planning tools, a court hearing will need to be conducted and a petition will need to be filed.

In addition to voluntarily giving up Guardianship, if a motion is placed with the court, the court may force the guardian to give up their position if it suits a child's best interests. There may also be a change in Guardian of Minor status if the child turns 18 years old.
For the Guardianship of Minor status to be terminated, the legal guardian must file a petition with the court asking that the guardianship be terminated. Guardianship will also not be terminated until a final accounting occurs.

When a Guardian of Minor status is terminated, the child will return to being under their parents' care unless another legal arrangement has been put into place.

If there are no parents available or it is not in the child's best interests to be placed with them, then another legal arrangement will be made for the child, such as placement with a family member or friend or in some cases, foster care.

If you have are seeking a licensed attorney to hire for your guardianship case, probate matter or any other family law matter, please contact Chicago Family Attorneys, LLC by calling (312) 971-2581 or book an appointment online. Our experienced attorneys can answer any questions you may have and guide you through every step of your case. Finding a local guardianship attorney in Chicago can make all the difference in your case.

Will I need an attorney for a guardianship case in Illinois?

Guardianship of Minor cases are complicated at times. Hiring an experienced attorney in this type of case is always advisable. A Guardian of Minor status gives an individual great power over the child.

If you are considering becoming a Guardian of Minor or already are one, it's wise to hire a Chicago guardianship attorney. An attorney can help ensure your rights are protected and assist you in fulfilling all your responsibilities as a Guardian. They can help protect your rights and make sure you are meeting all of your responsibilities as a Guardian.

Individuals can attempt to move forward on guardianship matters on their own, but it is never advisable in our point of view. Many elements within a guardianship case must be met. If the case is contested or has the potential to be contested, you will more than likely need an attorney who will have the ability to advocate for you and your interests in and out of the courtroom.

Guardian ad litems are only appointed solely for the child in the case. They are not appointed to benefit parents or petitioners.

What is the cost of a guardianship matter in Illinois?

There is not a flat fee for a guardianship matter in Illinois with our firm. Our law firm works on an hourly basis usually. Most attorneys charge $300 to $400 an hour in Chicago and the surrounding counties. Our office cannot give a full estimate of the fees and costs until we speak with you or the parties involved.

Historically, the costs of attorney's fees at Chicago Family Attorneys, LLC for guardianship of minor cases have ranged from $3,500.00 to $6,000 if the cases have been contested. This does not include filing costs, expenses, and other fees that may be incurred to the law firm. If a matter is uncontested whereby a parent consents or has become deceased, then we will more than likely have a lower fee.
It is best to start with an initial consultation and have our firm give an estimate after the consultation. To gain the legal advice and knowledge you need for your legal issues, you can start by calling our law offices at (312) 971-2581 or book an appointment online.

What happens after the guardianship is granted?

The court requires that an inventory of a ward's estate occur within 60 days after the guardian has been appointed over the minor child's estate.

There will be ongoing requirements for the guardian to report to the court on the child's well-being and any financial obligations the guardian holds. If there is a guardian over the minor's estate, the guardian will have a fiduciary duty to invest, protect assets, and maintain funds on behalf of the minor child.

If you would like to speak to an experienced guardianship attorney about your guardianship of a minor case, please call us at (312) 971-2581 or book us online to schedule an appointment.