Legal Question in Family Law in Illinois

guardianship of a minor

My husband and I are trying to become guardians of a 15 year old girl. Her mother asked us to because of problems they are having. The girl's natural father has had nothing to do with her for at least 9 years, but won't give up guardianship rights in the best interest of the child. He still wants nothing to do with her. She will drop out of school if we can't become her guardians. She wants to be with us to better herself and her life. What can I do to get guardianship of her? She's like a daughter to us. We only have her best interests at heart. Please help! The school system she would be attending with us won't take her because it would be guardianship for ''change of school'' purposes. What can I do about that? A child is caught in the middle of this!


Asked on 9/30/03, 5:26 pm

2 Answers from Attorneys
David Hicks David M. Hicks & Associates

Re: guardianship of a minor

It will be obviously somewhat more difficult because you are not the natural parents and I assume not relatives, but it can be done. Basically you need to file a petition for custody. You can have the natural mother testify that it is her wishes for you to have temporary custody of the child. There may be a chance that the father won't even show up. Basically the standard is the best interests of the child, and if the natural father hasn't been involved in the child's life, then his desires will not carry much weight. Regarding the school issue, custody exercised by an adult who demonstrates that he or she has assumed and exercises legal responsibility for the student and provides the student with a regular fixed nighttime abode for purposes other than to have access to the district�s educational programs is considered "legal custody" for residental purposes under the school code. You are allowed a hearing for this, so don't give up on this, demand that the child go to that school. But, time is of the essense since you need to request a hearing within 10 day of receiving notice from the school.

If I can be of any help, please contact me at 618-398-1563. I will be moving into a new office in Maryville, IL in November, and then my number will be 618-343-0901.

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Answered on 10/01/03, 10:47 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: guardianship of a minor

Go to court and hope the court agrees with you.

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Answered on 9/30/03, 5:47 pm


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