Byhring Kira N. Albrecht Samantha A. Guttenberg Jacqueline M. Mazur Ellen M. Hemminger Michael T. Sanderson Lacey K. Boulware Lindsey G. Mirabella Joseph F. Kincaid, In Memoriam.
Community Involvement. Wheaton Office St. Charles Office. River Drive, Unit 2A , St. Charles, IL Make a Payment. Posted on July 20, November 2. October 4. September 4. Giving temporary custody to grandparents is usually preferable to placing the children in the foster care system.
In some cases, parents realize the negative impact of certain circumstances on their children and agree to transfer custody of a child to a grandparent for the child's benefit. Where possible, working out a voluntary agreement between the parents and grandparents is usually easier and less disruptive for all parties involved, including the children.
If the parents refuse to transfer legal custody of their children to a grandparent on a voluntary basis, the grandparent seeking guardianship will need to pursue the matter legally. The next most-persuasive evidence includes photographs and videos of conditions or injuries. Written statements from any witnesses to the conditions of the home or other allegations also help to establish the case. Finally, the petitioning grandparent will also need to learn which extraordinary circumstances are sufficient to establish the grounds necessary for a guardianship.
Petitioning grandparents may also wish to contact a family law attorney. The petition must address the circumstances of the child and indicate why a guardian is necessary. Notice of the hearing is given to parents and all other interested parties.
At the hearing, the judge will take evidence regarding child, the parents, and the potential guardians. There must be a showing of parental unfitness or absence in order for a guardian to be appointed.
As with all matters concerning children, the court is guided by the best interests of the child in making its determination. When a child is younger than 14, the judge decides on the appointment of the guardian.
Once appointed, a guardianship continues until either the guardian is removed, or the child reaches the age of 18, or the child marries.
A guardian may be removed if the parent regains fitness. Changes in child custody can be a tumultuous time for a child and for grandparents. Family changes are usually difficult, especially when a child is removed from the family home. Seeking the help of a guardianship attorney can smooth the transition, allowing the grandparent to focus on the needs of the child when their attention is needed most. Getting the help you need in a kinship guardianship proceeding can really help.
Get expert tips to help your kids stay healthy and happy. United States Census Bureau. Van Etten D, Gautam R. J Gerontol Nurs. Children's Bureau. Child Welfare Information Gateway. Kinship Caregivers and the Child Welfare System.
Frequently Asked Questions: Child Support. Raising grandkids: legal issues. Kinship Guardianship as a Permanency Option. Fam Process. Your Privacy Rights. To change or withdraw your consent choices for VerywellFamily. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data.
We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Table of Contents View All. Table of Contents. Why You Should Consider Guardianship. Rights of Guardians. Responsibilities of Guardians.
Why Make It Legal? Grandparent Custody.
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