Legal Question in Family Law in Illinois

My niece passed this week in Chicago due to a life long health condition at age 36 leaving 2 children (5&14). My niece wanted me to raise her children because of my strong belief in good education and safe environment. (Nothing in writing was left). Their father and his family are not involved in the children's lives because of their lifestyle. We(daughter 13, and significant other) recently moved to Norcross,Georgia where it is safe as well as good public schools. I would like to get them ASAPand my family concurs that I should have them.What process to get guardianship, do I need attorney, how long and what is the cost. Maybe while Im in Chicago for the service I can get this done. FYI I was a real estate broker for 15 years so am somewhat familiar with legal matters. Thank you!!!


Asked on 12/29/10, 5:35 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You need to file a guardianship petition. You will have to pass a police screening, which takes a few weeks. It probably can not get done by the time of the service. It will go a lot easier if father consents. If he does not, he is presumed to be fit to have their custody and you will have to show the court why you have the right to proceed. If he consents, you can do it by yourself, including him signing a standby guardianship consent. Otherwise you will need an attorney.

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Answered on 1/04/11, 4:30 am


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