Legal Question in Wills and Trusts in Illinois

Your rights are highly protected, there being a strong presumption that a child should be with his or her natural parent, but once guardianship has been established the court will consider factors in the child's interest that may not have been present at the time the guardianship was established, such as stability. If at all possible, you would be best served finding a way to pay an attorney to best protect your interests. Also, the father's interests should be considered.

The statute provides:

(755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)

Sec. 11-14.1. Revocation of letters.

....

(b) Upon the filing of a petition by a minor's living, adoptive, or adjudicated parent whose parental rights have not been terminated, the court shall discharge the guardian and terminate the guardianship if the parent establishes, by a preponderance of the evidence, that a material change in the circumstances of the minor or the parent has occurred since the entry of the order appointing the guardian; unless the guardian establishes, by clear and convincing evidence, that termination of the guardianship would not be in the best interests of the minor. In determining the minor's best interests, the court shall consider all relevant factors including:

(1) The interaction and interrelationship of the minor with the parent and members of the parent's household.

(2) The ability of the parent to provide a safe, nurturing environment for the minor.

(3) The relative stability of the parties and the minor.

(4) The minor's adjustment to his or her home, school, and community, including the length of time that the minor has lived with the parent and the guardian.

(5) The nature and extent of visitation between the parent and the minor and the guardian's ability and willingness to facilitate visitation.

(Source: P.A. 96-1338, eff. 1-1-11.)

What that basically says is that you get the ball rolling by showing that there has been a change in circumstances (for example, you were too young then, now you are an adult capable of raising a child and have income and a home where you can do so). If you show the change in circumstances, then the guardianship should terminate unless your parents make a case why it is in the child's best interest to keep the guardianship in place.

Again, I emphasize that having an attorney would serve you best. That is especially true if your parents will have an attorney.

In my opinion, you will have a much better outcome with an attorney representing you.