Legal Question in Family Law in Illinois

Re: How does custody work in event of death

You have two main options. The first being to name a guardian for your child in your will. However the court can decide not to appoint the guardian you name. The second is to name what is called a "standby guardian".

A Standby Guardianship is a procedure by which a parent can name the person who they want to become guardian of their minor children in the event that the parent should die or become permanently unable to care for the children. The standby guardian will be able to assume the care of the child immediately upon the death or incapacity of the parent/parents. The process to name a "standby guardian" requires a court hearing and notice being given to the child's parents and adult siblings. The law presumes that the child is best placed with a parent so the person seeking guardianship has the burden to prove otherwise.

I would be more then happy to discuss these options in greater detail with you. Furthermore a review of any wills or health care power of attorneys you currently have should be conducted. Please call my office at your earliest convenience.