211 W. Chicago Ave., #109 Hinsdale, IL 60521

Dan Walker Law Office


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Divorce Attorney

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Who Can Be a Guardian in Illinois for Minors During a Divorce Case?

No two divorce cases are equal. While some may result in a happier family, others may leave the children out of the equation. Sadly, this can be the case if the court determines neither of the parents in a divorce case can take care of their children. In such cases, a court-appointed guardian is provided temporary custody of the children.

What Is a Court-Appointed Guardian?

In the state of Illinois, no court of law can take a child away from a parent who is willing and capable of taking care of them. However, if the child’s best interests and well being are at stake, someone other than the parent will be appointed for their care. This person will be a temporary guardian for the children

However, not just any person can act as their guardian. An individual can be appointed as a guardian only if both the parents:

  • Provide consent to the guardianship in court or via a written and signed document.
  • Failed to appear in a court hearing even after being given proper notice.
  • Relinquish physical custody of the children and are incapable of making decisions for their welfare on their behalf.
  • Is deemed by the court as incapable of making or carrying out decisions for the daily welfare of their children.

In the state of Illinois, the only way someone can be a guardian to a child is if they are appointed by the court. To be eligible, they have to be:

  • At least 18 years old or older.
  • U.S. residents.
  • Free of legal issues.
  • Free of felony convictions that can harm or threaten the children under their care.
  • Of sound mind.

(Certain private and public non-profit agencies are also eligible, but not residential facilities as they may violate the best interests of the children).

They have to undergo a process before they can be deemed eligible. Once they are appointed by the court, they must take care of the daily needs of the children, as well as their well-being. This includes ensuring they have a proper place to live in, food on the table, access to medical care and can continue their education. They should also have access to appropriate social activities, which can maintain their emotional and physical health.

A court-appointed guardian can do a lot more than an incapacitated parent can during a divorce case. If you want to be appointed as one, you need strong legal representation to be deemed eligible. This is where Dan Walker Law Office can help you. Our attorneys have more than 85 years of combined experience dealing with these issues and can aggressively represent you. This includes helping you understand the legal process as well as your rights and responsibilities as a temporary guardian.

Get in touch with us for a consultation today in Hinsdale, Illinois, before it is too late.

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