Can I Appeal for Plenary Guardianship of a Minor in Illinois?

 Posted on December 30, 2024 in Family Law

When you recognize that a parent can no longer provide adequate care for a child, you might need to intervene and take on the incredible responsibility of assuming guardianship of the child. If you are considering seeking plenary guardianship of a minor – a permanent, long-term arrangement – you should be aware of any potential obstacles to your claim. 

A Wheaton, IL family law attorney can guide you through the process of petitioning for guardianship, helping to build a solid foundation for your case. At Fawell & Fawell, our family law attorney does not shy away from complex, emotionally fraught cases. We come prepared with a wealth of legal knowledge and experience to advocate for the best outcome in court.

Preliminary Requirements for Plenary Guardianship

To be considered for plenary guardianship, you must meet certain criteria. According to the Illinois Guardianship and Advocacy Commission, you must be 18 or older with no serious criminal convictions on your record, and of sound mind. In this case, "sound mind" means that you have the mental capacity and reasoning to make important decisions on your own behalf. Notably, you do not have to be related to a child to apply for guardianship.

A criminal conviction can hurt your standing in the eyes of a judge, but it does not necessarily disqualify you from guardianship outright, except for certain offenses like first-degree murder or crimes against children, which can create the presumption of depravity in court and bar you from assuming guardianship.

Hearing for Guardianship

If you are deemed eligible for guardianship, a hearing will be scheduled no more than 30 days from your petition. To successfully appeal for guardianship, one of the following criteria must be met:

• The parents are proven to be incapable of or unwilling to take care of the child.

• The parents willingly left their child in the care of an adult without the intention to return.

• The parents consented to the guardianship arrangement or did not attend a guardianship hearing after being given formal notice.

A family law attorney can advocate for you in a hearing for plenary guardianship, making sure all of the relevant facts are brought to a judge’s attention.

The Child’s Best Interests

When making a final decision on whether or not to award plenary guardianship, a judge will prioritize the child’s best interests over any other considerations. In Illinois, "best interests" include are influenced by:

• The stability provided by the parent(s) and the prospective guardianship.

• What the child wants.

• The child’s attachment to his or her community, school, or nearby family.

• The physical and mental health of everyone involved.

• Any history of abuse from the parents or prospective guardian.

In these cases, a guardian ad litem is usually appointed by the court to help a judge make a determination about what is best for the child.

Meet With a DuPage County, IL Family Law Attorney

If you believe that petitioning for plenary guardianship is the only way to protect a child’s welfare, the Wheaton, IL family law attorney at Fawell & Fawell is prepared to assist. To schedule a free consultation with our firm, call us at 630-871-2400 today.