Can I Gain Custody of A Child That Is Not Biologically Mine?

April 4th, 2024 by Tiffany Hughes

In Illinois, the legal process of obtaining custody of a child who is not biologically yours can be complex, but it’s not impossible. Whether you are a stepparent, grandparent, a close relative, or a caregiver seeking to establish legal guardianship, Illinois Law provides avenues to protect the best interests of the child.

What is the difference between Legal Custody and Guardianship?

Legal Custody and Guardianship

Legal custody grants the right to make important decisions regarding the child’s upbringing, such as education and healthcare. Guardianship, on the other hand, involves assuming legal responsibility for the child’s care and welfare. In Illinois, guardianship can be established through court proceedings.

Types of Guardianship

1. Temporary Guardianship: This type of guardianship is typically granted in emergency situations and lasts for a limited period.
2. Permanent Guardianship: Permanent guardianship provides long-term stability for the child and can be established when it’s in the child’s best interests to have a stable caregiver.

What is legal standing for obtaining legal custody of a child?

To pursue custody in Illinois, you need to establish legal standing. This means demonstrating to the court that you have a significant relationship with the child and that granting you custody would serve the child’s best interests. Factors that could help establish standing include:

1. The length and nature of your relationship with the child.
2. Your involvement in the child’s upbringing and care.
3. The child’s preference, especially if they are older and mature enough to express their wishes.
4. Any potential risks or dangers associated with leaving the child in their current living situation.

How do I File a Petition for Guardianship?

To initiate the process, you’ll need to file a petition with the circuit court in the county where the child resides. The petition should include detailed information about your relationship with the child, your ability to provide care, and why guardianship is in the child’s best interests. The court will require you to notify the child’s parents, as well as any other interested parties, such as relatives or agencies involved in the child’s welfare, about your petition.

What is custody in Illinois based upon?

Illinois courts make custody and guardianship decisions based on the best interest of the child. Factors considered include the child’s emotional and physical needs, the stability of the proposed guardian’s home environment, the child’s relationship with the guardian, and the child’s preferences if they are old enough to express them. If you are filing a petition for custody or guardianship, you must be able to prove the child’s emotional or physical needs are not being met.

When obtaining legal custody of a child in Illinois, will the Court Order a home study or a background check?

The court may order a home study and background checks to assess your suitability as a guardian. This process typically involves interviews, home visits, and evaluations to ensure the child’s safety and well-being. You will likely need to attend court hearings to present evidence supporting your petition for guardianship. Be prepared to testify about your relationship with the child and your ability to provide a stable and nurturing environment.

If the court determines that guardianship is in the child’s best interests, a guardianship order will be issued. This order grants you legal authority to make decisions on behalf of the child and outlines your rights and responsibilities as a guardian. After guardianship is established, you will have ongoing obligations to the child, including providing for their care, education, and well-being. It’s essential to comply with any court-ordered requirements and to keep the child’s best interests at the forefront of your decisions.

Do I need an Attorney to obtain legal custody of a child?

Given the complexity of obtaining custody in Illinois, it’s advisable to seek legal representation from an experienced family law attorney who can guide you through the legal process, represent your interests in court, and ensure that all necessary documentation is filed correctly. Custody lawyers, such as attorneys at The Law Office of Tiffany M. Hughes, P.C. who have extensive experience in the intricacies of obtaining custody in Illinois, will fight for what is in the best interests of the child for the child that you love.

Obtaining custody or guardianship of a non-biological child in Illinois requires careful planning, documentation, and legal proceedings. By understanding the legal process and seeking appropriate legal guidance, you can navigate through the complexities and provide a stable and loving home for the child in your care.

Need More Information or Representation?

If you are looking to obtain custody or guardianship of a non-biological child, file a petition, or need legal representation in your custody battle, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping clients in the area of family law in all complex matters, including but not limited to, child welfare cases, custody in Illinois, obtaining custody of a grandchild, obtaining legal custody of a child, allocation of parental responsibilities, legal standing for adoption, while protecting your privacy and advocating for your best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.