Establishing Non-Parent Guardianship of a Child

 Posted on March 18, 2015 in Illinois divorce lawyer

With so many complex laws, financial burdens, and emotional hurdles, divorce is never an easy process. While it may be hard enough when two people end their marriage, the breakup of a family with children can be even more arduous. In particular,'child custody and child support agreements involve a number of intricate laws. What happens, however, when neither parent can provide for the child?

Every divorce case is unique; therefore, it is helpful to seek the advice and help of a legal professional. Family members may seek guardianship or custody'of a child because they feel neither biological parent can look after the child's best interests. In these cases, a qualified attorney can explain how a family member may be able to legally pursue guardianship or custody.

The Illinois court system determines custody and guardianship based on the children's best interests. Most cases result in at least one biological parent retaining custody of the children, and often, both parents will share custody. If neither parent is willing or able to properly care for children, another family member or friend may file for guardianship of the children. Under Illinois law, filing for guardianship is much easier and available in more situations than filing for custody.

The court will review a potential guardian's financial stability and ability to provide for the children. The biological parents and potential guardian may also provide'testimony to help the court decide. If an individual demonstrates that he or she is able to provide an adequate home that fulfills the children's needs, that person may receive guardianship. In most cases, however, the biological parents maintain the right to revoke their consent and take back full responsibility for their children.

Filing for custody of child is much more difficult for non-parents and the situations in which one might do so are relatively uncommon. In order for a non-parent to file for custody, the child must already reside with someone other than a biological parent, possibly including the filer. Situations such as this may arise, for example, if the biological parents had divorced, the parent with sole custody dies and the non-custodial parent cannot be located, or is in prison. Many non-parents filing for custody tend to be grandparents or stepparents depending on the circumstances of the case.

Family Law in Batavia, Illinois

If you wish to speak with an experienced'Batavia family lawyer, contact Van A. Larson, P.C. Attorney and Counselor at Law. Whether you are a parent or potential guardian involved in a custody dispute, Mr. Larson can meet with you to discuss the details of your case. He will help you understand the potential outcomes and avoid making mistakes that may compromise your interests.

With more than 33 years of experience in law, Mr. Larson approaches every client's situation with knowledge and compassion. Call us at 630-879-9090 to schedule a free consultation.