Legal Question in Family Law in Illinois

Guardianship

My b/f and I fought and (he) won guardianship of his biological son and also guardianship of his sons half brother. They have lived with us in my home for nearly 4 years. Both boys consider me thier mother and I have basically been providing their daily care as he is an active alcoholic. The boys are being affected by it but he refuses to quit drinking. He's basically been out of work since Sept 06, and I supported us until his unemployment came thru, but he kept a good portion of that for drinking. Last month he took som e of the guardianship funds for drinking money. He has not been responsible for these boys welfare in at least 2 and a half of the 3 and a half years they have been here. I have been a mother to them longer than thier own mother was. She has had no contact in 11 months. I believe, even tho he has guardianship, that they are still wards of the Illinois court. We reside in Michigan. I love these boys with my whole heart and have been the one responsible for them. Is there any chance I could get guardianship transferred to me, even tho I'm not a blood relative, because it would be whats in the best interest of these boys? It breaks my heart to think of losing them if I boot him out because of his drink


Asked on 6/03/07, 7:48 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Guardianship

Hello. I can understand your frustrations. In my opinion, you are in a great position to petition and get guardianship over your b/f's children. (1) They already live

with you, (2) they are well adjusted and know you, (3) you are their primary caregiver, (4) status quo would be preserved by you being named guardian and the children remaining in your home, (5) in fact you are presently acting as the children's guardian. I agree that the Illinois Court has retained jurisdiction over the issue of guardianship. In my opinion, time is of the essence due to the uncertainty of dad's state. I will be happy to discuss this with you further and in more detail.

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Answered on 6/03/07, 11:17 pm


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