Help Through Unexpected Change
Taking a child into your home to care for is a big step for any family, especially if that child is not your own. These transitions often happen because of an unexpected tragedy involving the child’s parents, such as death, incarceration or addiction problems.
Unfortunately, Illinois has seen a rise in such situations over the years. For those children lucky enough to have loving adults in their lives who are willing to take them in, guardianship can provide the legal structure and stability they need.
At Robert S. Thomas, Attorney at Law, we help families find answers through guardianship throughout the Arlington Heights and Schaumburg area. Our lead attorney, Robert S. Thomas, has over 25 years of experience helping families with their legal needs. He can help you understand what you need to do to gain guardianship over a young person in your life.
When Can You Seek Guardianship?
Under Illinois law, you must have standing to petition a court for guardianship. That means the court recognizes that you have an interest in the child in question, and you have a good reason to be appointed guardian. The requirements differ based on whether the parents are still alive.
In order to have standing in a case where at least one parent is alive, you must show that the parents did one of the following:
- Gave up physical custody of the child voluntarily and is either incapable of caring for the child or not willing to do so
- Gave their consent to the guardianship in writing or in court
- Missed a court hearing to which they were given notice and they are unable or unwilling to care for the child
Once the court grants you guardianship, a parent can still try to discharge the guardianship if they can prove to the court they have had a “material change” in their circumstances. If they can do this, the guardian then has the burden to show why the child should remain under guardianship.
At Robert S. Thomas, Attorney at Law, we can help you establish your case for guardianship, as well as defend your position as guardian. We offer personalized legal guidance tailored to your family’s needs and will be there with you through every step of the process. We can also assist you with guardianship of an elderly loved one or a vulnerable adult.
Discuss Your Guardianship Matter
If you have questions about guardianship, we can answer them in a free initial consultation. Call our office in Arlington Heights at 847-868-3428 or contact us online today.