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DuPage County child custody attorneys, guardianship for non-parentsToday, it is very common for children to live with grandparents, aunts, uncles, or even adult siblings. This often happens when a child’s biological parents are not present in his or her life. Most times, these circumstances start as a temporary option; however, they often grow into permanent arrangements. In situations like this, the biological parents maintain their parental right unless legal action is taken to gain custody of the child.

Establishing a Legal Arrangement as a Non-Parent

When a living arrangement moves from being temporary to permanent, a caretaker would be wise to begin to consider options for legalizing the relationship. Establishing a legal relationship will allow the caretaker to be able to provide health insurance, enroll the child in school, and have authority to make decisions for the child in the absence of a parent. Before moving forward to legalize the relationship, it is important to remember that the law strongly protects the rights of the biological parents. However, there are certain conditions under which a non-parent would be able to establish a permanent legal relationship with a child.

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DuPage County family law attorney, establishing a guardianshipIn Illinois, a guardian is appointed for a variety of reasons and has the same responsibilities to a child as a child’s natural parent. Guardianship arises in certain scenarios, such as when: a child’s biological parents cannot care for the child; a child’s parents died in an unfortunate accident; a minor child is disabled and is unable to provide for his or her own well being; or when elderly persons can no longer take care of themselves.

Under Illinois law, there are four types of guardianships available. These guardianships are: permanent legal guardian; guardian ad litem; standby guardian; and short-term guardian.

  • A permanent legal guardian assumes the obligations of the biological parents and is responsible for the child’s necessities, such as food, clothing, shelter, education and upbringing;

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