Legal Question in Family Law in Illinois

We are trying to file for guardianship of our nephew. The problem is we don't know where to file as we are military. We are currently stationed and living in Illinois, but our home of record is Indiana. So do we file the papers in Illinois or Indiana?


Asked on 2/06/10, 6:12 am

1 Answer from Attorneys

Where is your nephew? Usually it is the state of residence of the minor/ward unless you're working through a state agency and then they may have a kind of reciprocity with the other state's child welfare agency. If your nephew has living relatives you may need to talk to the child welfare agency. Illinois DCFS (Department of Children & Family Services) or Indiana's equivalent. You might have to be licensed for what's called a "relative placement" here in Illinois. Be aware that these agencies are typically understaffed, overworked and highly bureaucratic, so if this is an emergency situation you might need to engage an "adoption" attorney who can file for sooner action if warranted.

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Answered on 2/11/10, 9:33 am


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