Our Practice Areas
211 W. Chicago Ave.,
#118 Hinsdale, IL 60521
During a divorce case involving children, family law courts generally grant custody of the child to one of the biological parents. However, sometimes neither of the parents are stable enough to meet the basic safety, financial, welfare, and healthcare needs of the child. In such cases, a judge may appoint a legal guardian to take custody of them until the circumstances of either the parents or the child change.
Typically, a sibling, grandparent, close friend, uncle, or aunt of one of the parents request the guardianship, and in those cases where no friends or relatives can be found, a third party is appointed by the court. There are also cases where the parents know they cannot take care of their child and provide their consent that appointing a guardian is the best thing to do.
Why Guardianship is Important
At Cesario & Walker, we believe that it is the right of every child to be loved and well-cared for before they become capable of taking care of themselves. When the biological parents are not able to provide for the child or the home environment is not safe for them, appointing a legal guardian is the most appropriate decision in the child’s best interests. Our law firm understands the high importance of this matter on the upbringing of the child, and work to get what is best for the child.
There are several reasons courts may assign a guardian for a child, such as:
- One or both parents have passed away
- The child was abandoned
- One or both have been incarcerated
- One or both parents have neglected or abused the child
- Parents are disabled or mentally unstable, rendering them unable to care for the child
- Both parents are addicted to drugs or alcohol
Courts will investigate the matter and grant guardianship to either a third party, blood relative, or a person close to the parents based on the underlying reasons and specific circumstances.
Assisting Clients in Obtaining Guardianship in Illinois
Being a child’s guardian is a huge responsibility and must be given after careful consideration. There is a strict eligibility criteria in place that courts use to determine whether a person is suitable for taking custody of a child. Some of the important responsibilities of a guardian include:
- Provide food, clothing, shelter, and other necessities
- Make sure the child is properly cared for
- Take care of medical needs of the child
- Know about the essential wants and needs of the child
- Meet the education and special needs of the child
Courts may terminate guardianship any time, if it is not needed anymore. This may happen if a parent proves they have overcome the situation that previously prevented them from providing for their child. In addition, it may also be terminated if the guardian is unable to fulfill their responsibilities.
Talk to an Experienced Guardianship Attorney in Chicago Today
At Cesario & Walker, our attorneys have over 85 years of combined experience in dealing with guardianship matters and can represent you in establishing your fitness to serve as a legal guardian in front of the court. We will navigate you through the legal process, help you understand your rights and responsibilities, and represent your case in the best possible light in court. Contact our office today at 630-920-8800 to schedule an initial consultation.