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Guardianship of Minor Attorneys Chicago, Illinois

Litigating for families and the best interests of children.

Guardianship of Minors: Protecting The Best Interests of Children

At Chicago Family Attorneys, LLC, we understand that legal matters surrounding guardianship of minors can be complex and emotionally charged. This is why our team of experienced attorneys handle a wide range of family law cases that are merged with guardianship of minor cases within the probate division.


Our attorneys are well-equipped to handle sensitive issues with care and attention when it comes to minor children within cases. We also have extensive experience in areas such as adoption, guardianship, and custody related issues that overlap throughout the course of litigation proceedings. Our goal is to provide compassionate and effective representation for clients dealing with various family law matters in the probate division.

In addition to assisting with guardianship of minors, our team can also provide legal guidance in cases involving child support, visitation rights, and modifications to existing custody agreements. We understand the importance of protecting the best interests of children and strive to find solutions that are in their best interest. 


Our attorneys also have a thorough understanding of Illinois laws and regulations surrounding guardianship of minors, custody, visitation, and adoption. This allows us to navigate complex legal processes and advocate for our clients' rights while also ensuring the well-being of the minor child involved.


We approach every case with care and empathy, recognizing that each family's circumstances are unique. Our goal is to guide our clients through this often difficult process with sensitivity and professionalism, while fighting for their desired outcome.


If you are facing a contested guardianship of minor case, the attorneys at Chicago Family Attorneys, LLC are ready to fight for your rights.


We understand that these matters can be emotionally charged and overwhelming, which is why we prioritize open communication and work closely with our clients to develop an effective legal strategy. Our ultimate goal is to protect the best interests of children and help families achieve the best possible outcome.


In addition to handling traditional guardianship, custody, and other family law matters, our firm also has experience in dealing with more complex issues.


No matter what your unique situation may be, our knowledgeable attorneys are ready to assist you. Speak to an experienced guardianship of minor attorney by calling (312) 971-2581 or book an appointment online.

Guardianship of Minors in Illinois: Legal Process and Requirements

Guardianship is a legal process in Illinois where an individual is appointed to care for and make decisions on behalf of a minor child who lacks a parent or legal guardian capable of fulfilling those responsibilities. In Illinois, including Cook County, guardianship over minor children is typically established through the Probate Division. It is important to note that child custody cases and probate cases are similar in some respects, but they are not the same.

What is Difference Between Custody, Guardianship and Adoption in Illinois?

When it comes to caring for children, Illinois law provides several legal options including custody, guardianship, and adoption. While these arrangements may seem similar, there are important distinctions between them that affect the rights and responsibilities of caregivers and biological parents. Understanding the key differences can help you determine which option may be best for your situation.


Child custody refers to the legal rights and responsibilities of parents to make decisions about and care for their minor children. In Illinois, custody is typically established as part of a divorce or parentage case between biological or legal parents. There are two main types of custody:

  • Legal custody: The right to make major decisions about the child's upbringing, education, healthcare, and religious training

  • Physical custody: Where the child primarily resides and which parent handles day-to-day care

Illinois courts can award joint custody, where parents share decision-making, or sole custody to one parent. Custody orders remain in effect until the child turns 18 or is emancipated.


Guardianship allows a non-parent to obtain legal authority to care for a child when the parents are unable or unwilling to do so. Unlike custody, guardianship does not terminate parental rights. Key aspects of guardianship in Illinois include:

  • Guardians are appointed by the court to make decisions and provide care for the child

  • Guardianship can be temporary or long-term, ending when the child turns 18

  • Birth parents retain some rights and can petition to terminate the guardianship

  • Guardians do not have inheritance rights or other permanent legal ties to the child

Guardianship provides an alternative to adoption when maintaining the legal parent-child relationship is desired.



Adoption creates a permanent legal parent-child relationship between the adoptive parents and child. The key differences from custody and guardianship are:

  • Adoption terminates the rights of biological parents

  • Adoptive parents gain all legal rights and responsibilities of biological parents

  • The child gains inheritance rights from adoptive parents

  • The legal relationship is permanent and continues into adulthood

Adoption provides the most comprehensive transfer of parental rights and creates lifelong family ties.

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