Legal Question in Family Law in Illinois

Re: Legal Guardian of a minor child

I see your question has been already answered by another lawyer. Her advice is sound. Please permit me to add that, if the natural father is the legal father of the child (i.e., was married to the mother), or has been declared the legal father of the child BY A COURT OF LAW (and not just by the mother, or the birth certificate, or even the father himself), he may have legal rights which may possibly interfere with the mother�s attempt to establish a guardianship in a third-party.

Re: Legal Guardian of a minor child

The difference between a foster child and a guardian is that the foster care relationship is governed by the agency, usually Department of Children Services; the Department has a contract with the foster parents to care for the child. In that instance, the agency has authority over the child and the parent has to report to the agency regarding any major issues about the child. The parent may not be able to give guardiandship, if the child is techinally under the care of the agency that has appointed you as the foster parent.

A guardianship is a legal relationship between the parent or someone with legal authority over the child and the guardian. There are different forms of guardianship. Guardianship may be granted without terminating parental rights, however, both parents and/or the agency may have to consent to the guardianship in the situation that you described. Please call me ASAP if you need legal representation in this matter.