Chicago Guardianship of Minor Children Lawyer
A child that has lost a parent or been abandoned is heartbreaking. But these sad circumstances have also given the opportunity for wonderful and generous people to step forward and give the child a real home. The difficulty that’s faced is getting the legal right to act on behalf of the child. That’s where our Chicago guardianship of minor children lawyer can help.
NMS Family Law Firm serves families throughout the south suburbs. Call (708) 742-7334 or contact us online to set up a consultation. Payment plans are available.
Types of Guardianship in Illinois
The state of Illinois grants guardianship over both the person and the estate. Guardianship of the person grants authority of a child’s physical custody. This means the responsibility to provide food, shelter, medical care, and other necessities. This also authorizes the guardian to act on the child’s behalf on issues that range from important medical decisions to day-to-day activities such as signing a permission slip for a field trip.
Guardianship of the estate is more limited and applies only to authority over a child’s money and property. An example of this might occur when there is someone needed to manage a trust that has been set up in the child’s name.
An Illinois court has the option of granting both guardianship of the person and the estate to one person or keeping these rights and responsibilities separate.
The Length of a Guardianship
Every circumstance is different, and there are some cases where guardianship might only be necessary for a limited time.
The state of Illinois can authorize three types of guardianship:
- Short-term guardianship: This is when guardianship is authorized for no more than one year, and it takes place when the legal parent(s) choose the guardian and put it in writing. A court hearing is not required, but there must be a contract signed with two valid witnesses. Our Chicago guardianship of minor children attorney can work with clients to ensure their agreements pass legal requirements. The agreement will have a defined date at which it will end, although renewal is an option.
- Stand-by guardianship: A stand-by guardian is given legal authority for up to 60 days. This differs from short-term guardianship because there is no ironclad end date. This is used when a legal parent(s) may be ill or otherwise incapacitated but is expected to return to normal parenting duties.
- Plenary guardianship: In this arrangement, a guardian gets long-term custody of the child until the age of 18. Plenary guardianship must be granted by a judge. This can only happen if the parents have agreed to it, the parents have passed away, the parents have left the child and not returned, or the parents are physically or mentally incapacitated.
Speak to a Lawyer
Guardianship issues are sensitive, and our clients know they can find a listening and sensitive ear at NMS Family Law Firm. They also know they can get highly professional legal guidance that will get them through the maze of paperwork that lies ahead.
Don’t hesitate to call our office at (708) 742-7334 or to reach out online.