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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

When a child’s safety or stability is at risk, legal guardianship can provide the structure and protection they urgently need. At Chicago Family Attorneys, LLC, we represent individuals across Chicago, Cook County, Will County, DuPage County, Lake County, Kane County, and McHenry County who are seeking to become a legal guardian for a minor.

 

Whether you are a grandparent seeking guardianship, a relative stepping in during a family emergency, or a trusted adult helping a child through a difficult transition, our attorneys offer trusted guidance through every phase of the guardianship process. With a deep understanding of Illinois guardianship law, we help clients file petitions, appear in probate court, and advocate for outcomes that serve the child’s best interest.

 

From initial consultation to final court order, our legal team is here to protect children and support families with professionalism, empathy, and effective legal solutions. Call Chicago Family Attorneys, LLC for a free consultation and speak with a Guardianship of Minors Attorney at (312) 971-2581 or book a free consultation online.

Guardianship of Minors in Illinois: Legal Process and Requirements

When a child’s parents are unwilling, unavailable, or unable to care for them, legal guardianship offers a path for a responsible adult to step in and assume parental responsibilities. In Illinois, guardianship of a minor is established through the Probate Court under the Illinois Probate Act (755 ILCS 5/11-1 et seq.), and it grants the guardian the legal authority to make decisions related to the child’s health, education, housing, and overall welfare.

Unlike adoption, guardianship does not terminate the biological parents’ rights. Instead, it provides a temporary or long-term legal arrangement where another adult is entrusted with the child’s care, either due to the parents' consent or because they are deemed unfit or unavailable.

Guardianship can be critical in situations such as:

  • A parent struggling with substance abuse or mental illness

  • Incarceration or deportation of one or both parents

  • The death of a custodial parent

  • Cases involving neglect, abandonment, or unsafe home conditions

  • Temporary absences, such as military deployment

 

To establish guardianship, the proposed guardian must demonstrate that assuming legal responsibility is in the best interests of the child. This includes showing the ability to provide a stable home, meet the child’s needs, and ensure their physical and emotional well-being.

Illinois law also allows a child aged 14 or older to express a preference for who should be appointed as their guardian, although the court has final authority.

If you are considering becoming a child’s guardian in Chicago or the surrounding counties, working with a qualified guardianship attorney ensures that your petition is properly filed, all required notices are served, and you are fully prepared for court hearings.

At Chicago Family Attorneys, LLC, we take the time to understand your situation, explain your options clearly, and help you move forward with confidence. The legal process can be intimidating, but you don’t have to face it alone.

Types of Guardianship of a Minor in Illinois

Understanding the different types of guardianship available under Illinois law is essential when determining the right legal path to protect a child. The Illinois Probate Act provides several forms of guardianship, each tailored to different circumstances. At Chicago Family Attorneys, LLC, we help clients choose and establish the type of guardianship that best aligns with the needs of the child and the realities of the family’s situation.

Plenary (Permanent) Guardianship

Plenary guardianship grants the guardian full decision-making authority over the child and remains in place until:

  • The child turns 18;

  • The court determines the guardianship is no longer necessary;

  • Or another legal change occurs (such as adoption or reinstatement of parental rights).

 

This is the most comprehensive and commonly sought form of guardianship. It is appropriate when the child's parent(s) are unable to care for the child for the foreseeable future due to incapacity, abandonment, or ongoing instability.

Temporary Guardianship

In situations where a short-term arrangement is necessary, such as a medical emergency, unexpected incarceration, or parental hospitalization, the court may grant temporary guardianship for a period not to exceed 60 days, as provided under 755 ILCS 5/11-10.1. This allows a trusted adult to make urgent decisions without the delays of a full plenary guardianship hearing.

Temporary guardianship is often used when time is of the essence, and our legal team is skilled in preparing and filing emergency petitions to address these time-sensitive matters.

Standby Guardianship

A standby guardian is someone who has been legally designated to assume guardianship at a future date or upon the occurrence of a specific event, such as the death or incapacity of the current parent or guardian. This proactive legal measure offers peace of mind and continuity of care, especially in cases where a parent is facing a terminal illness or other serious condition.

Illinois allows parents to designate a standby guardian through a court order or a written declaration, ensuring that a transition in care happens smoothly without putting the child at risk.

Short-Term Guardianship by Parental Declaration

Parents in Illinois can also appoint a short-term guardian for their child by executing a written declaration that meets the requirements of 755 ILCS 5/11-5.4. This form of guardianship does not require a court proceeding and may last for up to 365 days, but it cannot be used if the child is the subject of a juvenile court case or DCFS involvement.

This option is often used by parents preparing for military deployment, travel, or medical treatment who want to ensure their child is cared for during their temporary absence.

Which type of guardianship is right for you? That depends on your goals, the child’s current circumstances, and whether the parents are consenting or objecting. Our attorneys at Chicago Family Attorneys, LLC will evaluate your unique case and walk you through the legal requirements for each option.

If you’re ready to take legal action to protect a child or need urgent guardianship counsel, contact us today by calling (312) 971-2581 or book a free consultation online. We serve clients across Chicago, Cook County, and all neighboring counties with compassion and results-driven representation.

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Who Can Be Appointed as a Guardian of a Minor in Illinois?

Not everyone is legally eligible to become a guardian, and not every person who wishes to be appointed will be approved by the court. In Illinois, guardianship of a minor is a serious legal responsibility governed by the Illinois Probate Act and subject to strict judicial oversight. The court’s primary concern is always the best interest of the child.

At Chicago Family Attorneys, LLC, we guide clients through the vetting process and ensure that all legal requirements are satisfied before a petition is submitted. Whether you are a grandparent seeking legal guardianship of your grandchild, a relative taking over care of a niece or nephew, or a family friend stepping in during a crisis, understanding the qualifications and court expectations is critical to a successful outcome.

Basic Legal Requirements for Guardianship in Illinois

To qualify for appointment as a guardian of a minor, you must meet the following minimum criteria:

  • Be at least 18 years old

  • Be a United States resident

  • Be of sound mind

  • Have no serious criminal convictions (Certain felony convictions, particularly those involving violence or harm to children, may disqualify you)

  • Be able and willing to provide a safe, stable, and nurturing environment for the child

 

Beyond these statutory requirements, the judge will also consider additional factors such as:

  • Your relationship with the child

  • The wishes of the child, particularly if they are 14 years of age or older

  • Whether the child has been living with you and for how long

  • Your ability to meet the child’s physical, educational, medical, and emotional needs

  • Any objections from the biological parents or other interested parties

 

If the child is over age 14, they have the legal right to nominate a preferred guardian. Although the court is not obligated to follow the child’s preference, the judge will give it significant weight unless it would not serve the child’s best interest.

Contested Guardianship: When Parents or Family Members Object

In some cases, guardianship proceedings become contested, especially when one or both biological parents object to the petition. Even if a parent is struggling with serious issues like addiction, incarceration, or unstable housing, the court will still evaluate whether the parent is legally unfit or incapable of care before transferring authority to a third party.

Our experienced guardianship lawyers represent both petitioners and family members in contested proceedings, helping clients present strong, well-documented evidence and navigate sensitive hearings. We understand how emotionally charged these cases can be, and we’re prepared to fight for outcomes that keep the child safe and secure.

Who Can Be Appointed as a Guardian of a Minor in Illinois?

Not everyone is legally eligible to become a guardian, and not every person who wishes to be appointed will be approved by the court. In Illinois, guardianship of a minor is a serious legal responsibility governed by the Illinois Probate Act and subject to strict judicial oversight. The court’s primary concern is always the best interest of the child.

At Chicago Family Attorneys, LLC, we guide clients through the vetting process and ensure that all legal requirements are satisfied before a petition is submitted. Whether you are a grandparent seeking legal guardianship of your grandchild, a relative taking over care of a niece or nephew, or a family friend stepping in during a crisis, understanding the qualifications and court expectations is critical to a successful outcome.

Basic Legal Requirements for Guardianship in Illinois

To qualify for appointment as a guardian of a minor, you must meet the following minimum criteria:

  • Be at least 18 years old

  • Be a United States resident

  • Be of sound mind

  • Have no serious criminal convictions (Certain felony convictions, particularly those involving violence or harm to children, may disqualify you)

  • Be able and willing to provide a safe, stable, and nurturing environment for the child

 

Beyond these statutory requirements, the judge will also consider additional factors such as:

  • Your relationship with the child

  • The wishes of the child, particularly if they are 14 years of age or older

  • Whether the child has been living with you and for how long

  • Your ability to meet the child’s physical, educational, medical, and emotional needs

  • Any objections from the biological parents or other interested parties

 

If the child is over age 14, they have the legal right to nominate a preferred guardian. Although the court is not obligated to follow the child’s preference, the judge will give it significant weight unless it would not serve the child’s best interest.

Contested Guardianship: When Parents or Family Members Object

In some cases, guardianship proceedings become contested, especially when one or both biological parents object to the petition. Even if a parent is struggling with serious issues like addiction, incarceration, or unstable housing, the court will still evaluate whether the parent is legally unfit or incapable of care before transferring authority to a third party.

Our experienced guardianship lawyers represent both petitioners and family members in contested proceedings, helping clients present strong, well-documented evidence and navigate sensitive hearings. We understand how emotionally charged these cases can be, and we’re prepared to fight for outcomes that keep the child safe and secure.

At Chicago Family Attorneys, LLC, we help clients build clear, compelling cases for guardianship. From gathering background documents to preparing for court testimony, we offer comprehensive legal support throughout the entire process.

If you're unsure whether you qualify or if you anticipate resistance from a parent or family member call our Guardianship of Minor Lawyers at (312) 971-2581 or schedule a free consultation today. We're here to answer your questions, assess your eligibility, and protect the child's future.

guardianship of minor over granddaughter

The Legal Process for Establishing Guardianship of a Minor in Illinois

Pursuing legal guardianship of a child in Illinois involves more than filling out a form—it is a formal court proceeding governed by the Illinois Probate Act, and it requires strict compliance with procedural rules, statutory notice requirements, and court filings.

 

At Chicago Family Attorneys, LLC, we represent clients at every stage of the guardianship process, from preparing the initial petition to securing final approval from the judge.

Whether you’re seeking guardianship in Cook County, Will County, DuPage County, or surrounding jurisdictions, the process typically involves the following key steps:

File a Verified Petition for Guardianship

The first step is filing a Verified Petition for Appointment of Guardian of a Minor with the Probate Division of the Circuit Court in the county where the child resides.

Your petition must include:

  • The child’s full legal name, date of birth, and current address

  • The reason guardianship is being sought (e.g., parental death, incarceration, abandonment, unfitness, or consent)

  • The petitioner’s information, including relationship to the child, residence, and eligibility to serve as guardian

  • Whether you are seeking plenary (permanent) or temporary guardianship

  • A statement of whether the child owns any property or assets

  • The names and last known addresses of both biological parents and any legal custodians

  • A statement of the child’s current living arrangement and who currently has custody or care

  • Whether the child has been involved in any juvenile, abuse/neglect, or DCFS proceedings

 

This petition must be signed under oath and submitted along with a proposed order, a Notice of Motion, and in some counties, a Guardianship Information Sheet.

Serving Notice to Interested Parties

Illinois law requires that proper legal notice be given to all “interested parties.” This includes:

  • Both biological parents, even if they are not currently involved in the child’s life

  • The minor child, if they are 14 years old or older

  • Any person currently serving as custodian or legal guardian

  • In some cases, other close relatives or agencies (such as DCFS)

 

The notice must include the date, time, and location of the guardianship hearing and a copy of the petition. The notice must be served at least 7 days before the hearing, either personally or by certified mail, depending on the circumstances. Failure to provide proper notice can result in delays or dismissal of the case.

Background Checks and Guardian Ad Litem (GAL)

In many counties, including Cook County, the court may require the proposed guardian to submit to a background check. This can include fingerprinting and a review of criminal and child protection records.

In contested or complex guardianship matters, the judge may also appoint a Guardian ad Litem (GAL), which is a court-appointed attorney tasked with investigating the circumstances in which guardianship of the minor child is being sought and making recommendations to the court about the child’s best interests.

Court Hearing and Judicial Determination

At the scheduled court hearing, the judge will review:

  • The contents of the petition

  • Any objections from parents or interested parties

  • Reports from the Guardian ad Litem, if applicable

  • Testimony from the petitioner, the child (if over 14), and other witnesses

 

The judge must find that the parents are unable, unwilling, or unfit to care for the child, and that appointing the petitioner as guardian serves the child’s best interests. If the child is over 14 and has nominated a guardian, the court will consider this preference unless it poses a risk to the child.

If the court is satisfied with the evidence, it will issue an Order Appointing Guardian of the Minor, and the guardian will receive Letters of Office, the official document granting legal authority to act on behalf of the child.

Post-Appointment Obligations

After the appointment, guardians may be required to:

  • File an annual report with the court detailing the child’s condition, living arrangement, education, and health care

  • Notify the court of any changes in the child’s address or significant developments

  • Seek court approval for major decisions, such as relocating the child out of state

Emergency Guardianship Filings

In urgent cases where the child is at immediate risk, such as abuse, neglect, or abandonment, our firm can assist with emergency guardianship motions and ex parte petitions. These filings can be processed quickly, sometimes within 24–48 hours, depending on the circumstances and judicial availability.

Establishing guardianship is a powerful step with a long-lasting impact on a child’s life. If you’re ready to protect a child you love, don’t try to navigate the court system alone.

At Chicago Family Attorneys, LLC, we offer experienced legal counsel, courtroom advocacy, and compassionate guidance through every part of the guardianship process in Illinois. Our attorneys are ready to help you take action. To speak with our attorneys, regarding your guardianship matter, call our office at (312) 971-2581 or book a free consultation online.

Emergency Guardianship and Temporary Custody Motions in Illinois

When a child is facing immediate harm, neglect, abandonment, or is left without proper supervision, the Illinois courts provide a legal avenue for concerned relatives or third parties to request emergency guardianship or temporary custody. These court orders allow a qualified adult to step in and take legal responsibility for the child’s care, often within a matter of hours or days.

At Chicago Family Attorneys, LLC, we have successfully helped clients obtain emergency temporary guardianship of a minor in Cook County, DuPage County, Lake, McHenry, and Will County jurisdictions. We understand that these are time-sensitive situations, and we act quickly to file emergency motions, appear in court, and secure protective legal orders when a child's safety is at stake.

What Is Emergency Guardianship?

Emergency guardianship of a minor is a legal remedy under 755 ILCS 5/11-10.1 of the Illinois Probate Act. It permits the court to appoint a temporary guardian without full notice to all parties when there is a credible and immediate risk to the child’s health, safety, or welfare.

Examples of situations where emergency guardianship may be appropriate include:

  • A child is abandoned by their parents

  • One or both parents are hospitalized, incarcerated, or incapacitated

  • The child is living in dangerous conditions, such as with a parent using illegal substances

  • The parent suddenly disappears or is deported

  • A child is left with a non-parent adult without legal authority to act on their behalf

 

Emergency guardianship grants the petitioner limited authority, usually for up to 60 days, to make urgent decisions regarding the child’s healthcare, schooling, housing, and basic needs.

Filing an Emergency Guardianship Petition in Illinois

 

To obtain emergency guardianship, a petitioner must file:

  • A Verified Petition for Temporary Guardianship

  • A Motion for Emergency Appointment of Guardian

  • A Proposed Order for Emergency Guardianship

  • An affidavit or supporting declaration outlining the immediate risk or danger to the child

 

Unlike plenary guardianship, these motions can often be heard the same day they are filed, depending on the county and judge’s calendar. Petitioners must clearly explain why waiting to provide full notice would cause irreparable harm to the minor.

Courts do not grant emergency guardianship lightly. You must provide specific, credible facts and, in some cases, supporting evidence such as:

  • Police reports

  • DCFS safety plans or findings

  • Medical records

  • Statements from witnesses or professionals

 

At Chicago Family Attorneys, LLC, we prepare all documentation quickly, accurately, and in compliance with court rules to avoid procedural delays during these critical moments.

Temporary Custody vs. Emergency Guardianship

It’s important to distinguish between temporary guardianship and temporary child custody, which is typically addressed under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/601 et seq.) in family court, not probate court.

  • Emergency guardianship is sought when a non-parent is seeking temporary legal authority over a child due to parental absence or inability.

  • Emergency custody is usually between parents (or legal custodians) and may be tied to divorce, paternity, or parenting time disputes.

 

If a parent is abusing drugs, engaging in domestic violence, or violating a parenting plan, our firm can file an emergency motion for temporary custody in family court alongside a motion to restrict parenting time or seek an order of protection.

Our attorneys understand how to navigate both the probate and family law systems in Illinois to ensure children are protected from immediate harm, whether through guardianship, custody modifications, or emergency protective orders.

What Happens After Emergency Guardianship Is Granted?

 

If the court grants the emergency guardianship order, the petitioner will receive Letters of Office (Temporary) confirming their legal authority. This allows them to:

  • Enroll the child in school

  • Authorize medical care

  • Secure stable housing

  • Access essential services and benefits

 

During the emergency guardianship period, a plenary guardianship petition must typically be filed if long-term care is needed. The court will set a follow-up hearing date, and full notice must be given to all interested parties so a permanent decision can be made based on the child’s best interest.

Legal Help for Emergency Guardianship Filings in Chicago and Cook County

Time is critical in emergency guardianship cases. Delays in filing or mistakes in the petition can lead to a child being placed in foster care or left in an unsafe situation. Our legal team has extensive experience with same-day emergency filings, court appearances, and negotiating with DCFS and other agencies involved in child protection.

 

If you believe a child is in danger or has been left without proper care, contact our office immediately. We will evaluate your legal options, prepare the necessary motions, and take immediate action to protect the child’s welfare.

We are available to represent clients seeking emergency guardianship in Chicago, Cicero, Berwyn, Skokie, Evanston, Oak Lawn, and throughout Cook, DuPage, Will, Kane, McHenry, and Lake Counties. Call Chicago Family Attorneys, LLC for Emergency Guardianship filings at (312) 971-2581 and speak to an attorney today.

Modifying or Terminating Guardianship of a Minor in Illinois

Guardianship of a minor is not always a permanent legal arrangement. Under Illinois law, the court has the authority to modify or terminate guardianship if it determines that doing so serves the best interests of the child and complies with the legal standards set forth in the Illinois Probate Act (755 ILCS 5/11-14.1). Whether you are a guardian seeking to resign, a parent aiming to reclaim custody, or a relative concerned about the current guardian’s conduct, the process requires formal court proceedings, clear documentation, and persuasive legal arguments.

At Chicago Family Attorneys, LLC, we help clients throughout Chicago, Cook County, and surrounding counties navigate complex post-appointment guardianship matters, including contested termination and modification proceedings.

When Can Guardianship Be Modified or Terminated?

There are several legal grounds for modifying or ending a guardianship of a minor in Illinois:

  • A biological parent petitions the court to regain custody and demonstrates that they are now willing and able to care for the child

  • The guardian is no longer able or willing to serve, due to health, relocation, or other personal limitations

  • Allegations of neglect, abuse, or misconduct by the guardian arise

  • The minor reaches adulthood (age 18), at which point guardianship terminates automatically

  • The court finds that the child’s best interests are no longer being met under the current guardianship arrangement

 

Regardless of the basis, the party seeking modification or termination must file a formal motion with the court and serve notice to all interested parties.

Legal Process for Terminating Guardianship in Illinois

To terminate a guardianship, a party must file a Petition to Discharge Guardian or Terminate Guardianship under 755 ILCS 5/11-14.1. The petition must include:

  • The name of the minor and the existing guardian

  • The grounds for termination (e.g., parental fitness restored, guardian resignation, or evidence of harm)

  • Documentation or affidavits supporting the claim

  • A proposed alternative, if applicable (e.g., parental custody, new guardian, or DCFS intervention)

 

The court will schedule a hearing and review all submitted evidence, including prior guardianship orders, the minor’s current circumstances, and the fitness of the person seeking to assume care. In some counties, the court may appoint a Guardian ad Litem (GAL) or request a home study to evaluate the proposed change.

Regaining Custody as a Parent After Guardianship Is Established

Parents who lost custody temporarily due to incarceration, illness, instability, or substance abuse can file a petition to vacate or terminate guardianship once they have reestablished fitness. However, the burden is on the parent to prove that:

  1. They are now capable of resuming full-time care for the child;

  2. The return of custody would not disrupt the child’s safety, education, or well-being;

  3. Termination of the guardianship is in the best interests of the child, per the criteria outlined in 755 ILCS 5/11-14.1(b).

 

Illinois courts weigh several factors when assessing whether to restore custody to a parent, including:

  • The length of time the child has been with the guardian

  • The strength of the bond between the child and the current guardian

  • The parents' stability, employment, and living conditions

  • Whether the parent has completed rehabilitation, counseling, or other court-ordered programs

 

At Chicago Family Attorneys, LLC, we represent parents who are ready to reunite with their children and fight for a second chance through the proper legal channels.

Guardian Resignation or Removal

A guardian may also file a motion to resign under 755 ILCS 5/11-14, citing personal hardship, illness, relocation, or other reasons that make continuing in the role unfeasible. In these cases, the court may:

  • Accept the resignation and appoint a successor guardian

  • Transfer the child to the custody of another suitable relative

  • In some cases, refer the matter to DCFS for placement

 

Alternatively, a concerned party, such as a relative, teacher, or healthcare provider can petition the court to remove a guardian if there is evidence of:

  • Neglect, abuse, or financial exploitation

  • Failure to meet the child's medical, educational, or emotional needs

  • Violation of court orders or lack of appropriate supervision

 

The court will not remove a guardian lightly and will require substantial evidence. If removal is granted, a hearing will be held to determine the next appropriate placement for the minor.

How Our Firm Helps With Guardianship Modifications and Terminations

Whether you are seeking to end a guardianship, change a guardian, or reinstate your parental rights, the legal process is fact-intensive and often emotional. You need a law firm that understands the legal framework, local court procedures, and the nuanced dynamics of child guardianship cases.

At Chicago Family Attorneys, LLC, we:

  • Draft and file petitions to modify or terminate guardianship orders

  • Represent parents, guardians, and relatives in contested hearings

  • Work with therapists, schools, and outside professionals to build strong factual records

  • Respond to allegations and defend against improper removal or termination

 

We understand how important it is to ensure that children remain in safe, loving, and legally sound environments. Our attorneys are here to fight for that outcome, whether it means supporting a guardian, protecting a parent’s rights, or challenging an arrangement that no longer works. To speak with our office regarding your case, call (312) 971-2581 today.

Frequently Asked Questions About Guardianship of a Minor in Illinois

 

What is the difference between guardianship and custody in Illinois?

In Illinois, guardianship is typically handled in probate court and applies when someone other than the parent seeks legal authority to care for a child. Custody, now referred to as the allocation of parental responsibilities, is decided in family court between parents during divorce, parentage, or separation proceedings. Guardianship is often used when the biological parents are unavailable, unwilling, or unfit to care for the child, whereas custody involves two living parents seeking parenting time and decision-making authority.

Can a parent get their child back after guardianship is granted?

Yes. A parent may petition the court to terminate guardianship and regain custody if they can prove they are now fit and able to care for the child. Under 755 ILCS 5/11-14.1(b), the court must find that the proposed change is in the child’s best interest and that the parent is ready to resume full-time responsibility. The judge will evaluate the child’s current stability, school placement, emotional ties, and whether removing the guardian would cause harm.

How long does the guardianship process take in Illinois?

The timeline can vary depending on the type of guardianship and whether the case is contested. Uncontested plenary guardianship cases may be resolved in 4 to 8 weeks, while emergency guardianship can sometimes be granted within 24 to 72 hours if the child is at risk. Contested guardianship cases may take several months and involve hearings, GAL reports, and extensive evidence. Our firm moves efficiently to file your petition, serve notice, and secure a court date.

Do I need a lawyer to file for guardianship of a minor in Illinois?

While the law does not require an attorney, guardianship cases involve strict procedural rules, notice requirements, and complex legal standards. Mistakes can lead to denied petitions or court delays. Working with an experienced guardianship attorney in Chicago ensures your case is presented correctly and increases the likelihood of a successful outcome, especially if the matter is contested or involves emergency filings.

What are the requirements to become a legal guardian in Illinois?

To be eligible for appointment, you must be:

  • At least 18 years old

  • A U.S. resident

  • Of sound mind

  • Without certain felony convictions

  • Able to provide a safe and stable home

 

The court will also assess your relationship with the child, your ability to meet their needs, and whether you are truly acting in the best interest of the child, as required under Illinois Probate Act 755 ILCS 5/11-5.

Can I get temporary guardianship without going to court?

Yes, in some cases. Illinois law allows parents to appoint a short-term guardian using a written declaration under 755 ILCS 5/11-5.4. This arrangement can last up to 365 days and does not require court involvement. However, it cannot override an existing court order or be used during active juvenile or DCFS cases. For anything long-term or if the parents are unavailable, you must file a petition through the court system.

What happens if a parent objects to the guardianship petition?

If a parent files an objection, the case becomes contested, and the petitioner must prove that the parent is either unwilling or unable to care for the child. Illinois law gives great deference to parental rights, so courts will only grant guardianship to a third party if doing so is absolutely necessary to protect the child’s welfare. Contested guardianship hearings may involve evidence, witness testimony, and GAL investigations. Legal representation is crucial in these cases.

What is emergency guardianship, and when is it appropriate?

Emergency guardianship allows the court to appoint a temporary guardian without full notice when a child faces immediate danger. Common scenarios include parental abandonment, incarceration, hospitalization, or abuse. Governed by 755 ILCS 5/11-10.1, these orders are typically valid for up to 60 days, after which a plenary guardianship may be sought. Our attorneys can assist with same-day filings in urgent situations.

Will guardianship affect the child’s eligibility for benefits or healthcare?

Yes. Once appointed, a legal guardian can:

  • Enroll the child in school

  • Consent to medical treatment

  • Apply for public benefits, including Medicaid, SNAP, or TANF

  • Access records and services needed for the child's care

 

Having legal guardianship ensures that the child’s needs can be addressed without delay or bureaucratic obstacles.

How much does it cost to file for guardianship in Illinois?

Court filing fees for guardianship petitions in Cook County typically range from $300 to $400, depending on the documents required. At Chicago Family Attorneys, LLC, we offer affordable legal representation starting at $1,750, with payment plans as low as $500/month. Your child’s safety shouldn’t be delayed by financial concerns, and we work with families of all financial backgrounds to ensure access to legal protection.

If you still have questions about becoming a guardian, modifying an existing guardianship, or responding to a petition filed against you, we are here to help.

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