Can I Get Guardianship of My Grandchildren in Illinois?
Posted on July 17, 2025 in Child Custody
Life can sometimes bring unexpected changes that leave children without their parents’ full care. In those moments, grandparents often step in to help, and guardianship could offer stability, safety, and a secure home environment. To learn more about your rights as a grandparent, talk to a Wheaton, IL grandparents’ rights lawyer. Your legal representative can help you understand your options.
What Are the Guardianship Laws in Illinois?
Illinois law allows a non-parent, such as a grandparent, to petition the court to become a child’s legal guardian when the parents are unable or unwilling to care for the child. Under 755 ILCS 5/11-5, the court will appoint a guardian if it finds it necessary for the child’s well-being. Typically, the court will look at whether the parents have voluntarily surrendered custody, known as parental responsibilities in Illinois, or whether there is evidence of neglect, abuse, or absence. Whatever the judge decides in your case will be based on what is in the best interests of your grandchildren.
If there is an urgent need to keep a child safe from abuse or violence, the court may include orders of protection under 750 ILCS 60/214 as part of the guardianship proceedings. This means that guardianship may also serve to protect children from potentially harmful family situations.
How Do You Become a Guardian of Grandchildren in Illinois?
The process of becoming a guardian of your grandchildren begins with filing a petition in the county court where the children live. This petition must detail why guardianship is necessary and why you, as the grandparent, are suitable for the role.
A court hearing will follow, during which the judge reviews evidence, hears testimony, and may consider the child’s own wishes, depending on age and maturity. Statute 750 ILCS 5/602.7 addresses the standard of protecting the child’s best interests and what the court must consider before providing an adult with legal rights over a child. It lists factors like the children’s needs, their relationship with you, and your ability to provide a stable environment as elements that the court must assess.
Temporary guardianship may be granted in emergencies, allowing you to care for your grandchildren while longer-term legal arrangements are made. However, full guardianship provides the authority to make major decisions for the children. Under these circumstances, you would make choices about their education, medical care, and living arrangements.
Is Grandparent Visitation an Option in Illinois?
Sometimes, grandparents do not need full guardianship but still wish to maintain a relationship with their grandchildren. To address this, Illinois law recognizes grandparent visitation rights under certain conditions.
If you have been denied time with your grandchild, you may petition the court for visitation if one of several conditions exists. Common situations include divorced parents, the death of a parent, or parental abandonment. Courts consider grandparent visitation based on the same principle of what is in the best interests of the child, emotionally and psychologically. Even if guardianship is not feasible, an experienced attorney can help you explore whether visitation might be possible in your situation.
Schedule a Consultation With a Wheaton, IL Grandparents’ Rights Attorney Today
If you are a grandparent concerned about your grandchildren’s safety, well-being, or continued relationship with you, legal solutions are available. A DuPage County, IL guardianship lawyer at Andrew Cores Family Law Group can help you understand the laws and court procedures involved. Call 630-871-1002 to schedule a free consultation and discuss your rights with a knowledgeable representative.
