There are various reasons why parents may be unable to care for their child. For example, a minor’s parents may be killed in an auto accident, a parent may be on active military duty outside the country, or a person may be deemed unfit to care for their child due to incarceration or drug or alcohol addiction. When this occurs, a person who is not the parent can become the legal guardian of the child. Legal guardianship allows a person to make decisions for a child just like a parent would. In Illinois, a person may be appointed a temporary guardian of a minor, depending on the situation. 

Who Is Eligible to Be a Legal Guardian?

It is important to note that the guardian does not have to be a blood relative of the child. Although the legal proceedings for guardianship may seem intimidating, an experienced family law attorney can guide you through the necessary steps. You may become a child’s temporary legal guardian if you meet the following criteria:

  • You are at least 18 years old.

  • You are a resident of the United States. 

  • You are of sound mind.

  • You do not have a legal disability.

  • You were not convicted of a felony that included harming or threatening to a child.

Situations that Warrant Temporary Guardianship

Some guardianships, known as plenary guardianships, are long-term, and they may last until the child turns 18, upon which guardianship automatically ends. In other cases, a guardianship will only last for a temporary period. In certain instances, a parent may give consent to give up his or her parental rights for a period of time. For example, if the parent has to attend an in-patient rehabilitation program or take a short-term job assignment out of state, they may name a legal guardian for their child during this time.

A temporary or short-term guardian will be responsible for the child for one year or less. In some cases, a parent may choose who the short-term guardian is without going to court, but the agreement must be in writing. A temporary guardian is responsible for physical custody of the child. This means providing the child with food, shelter, and education, as well as medical treatment when necessary.

With temporary guardianship, the agreement must be witnessed by at least two other people who are 18 years or older. This legally binding document will state the exact date the guardianship ends. It typically cannot last for more than one year. However, there are exceptions if the parents were detained, arrested, removed, or deported due to immigration issues. In these cases, a temporary guardianship can be renewed or extended for another year. Within the agreement, stipulations can exist, such as situations where the guardianship will end if specific circumstances arise. For instance, guardianship may be terminated if the parent is released from prison or returns from active military duty. A child’s parent can terminate a temporary guardianship, even if it is before the end date listed on the written agreement.

Courts can enter emergency temporary guardianship orders when a real and present danger exists for a child. Once a petition is filed, it can take two or three days to obtain the guardianship; however, other arrangements can be made in extreme cases. Under Illinois law, temporary guardianship may also be used to protect a child who is a ward of the state during proceedings to remove a current guardian if he or she is acting against the best interests of the ward or the ward’s estate. 

Contact a DuPage County Family Law Attorney 

Becoming a minor’s legal guardian even for a short time can be a big step in helping him or her have a healthy and happy future. If you are considering becoming a guardian or have been appointed a temporary guardian, it is crucial to understand your rights and responsibilities before taking on this endeavor. At The Law Office of Christina Martell, we dedicate our practice to resolving family law issues in a timely manner. Attorney Chrissie Martell has assisted clients with a wide variety of matters, and she understands the complicated legal and emotional issues that can be involved in guardianship cases. Call our skilled and compassionate Wheaton minor guardianship lawyer today at 630-717-2772 to learn more about our services and how we can help you. We offer consultations for $100, which is credited toward your bill moving forward upon hiring our firm. 

Sources:
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K11a-17
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K11a-3.2
https://www2.illinois.gov/sites/gac/OSG/Pages/PG-Emrgc.aspx
https://www2.illinois.gov/sites/gac/aboutus/pages/guardfaq.aspx

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