How Can I Obtain Legal Guardianship of a Child in Illinois?

November 21st, 2025 by Tiffany Hughes

In Illinois, when a child’s biological parents cannot or will not properly care for the child, you may be able to seek and obtain legal guardianship of the child in Illinois. This can happen when a child’s biological parents pass away, during or following a DCFS case, where one of both parties are unable to care for the child, or if a minor child has a disability. However, a guardianship is not an adoption, which often gets confused by many. When adopting a child, the parent-child relationship never ends, however, guardianships automatically terminate when the child turns 18 years of age or is otherwise deemed emancipated by law.

What is the Process of Obtaining Guardianship?

Typically, a party needs to seek permission from the court to become a guardian for a child in Illinois. Specifically, only a Judge can appoint you as a guardian for a child in the following instances:

1. If the parents are deceased;
2. If the parents are unable or unwilling to make daily decisions for the child;
3. If the parents voluntarily leave the child with another adult and do not return;
4. If the parents agree to the guardianship; or
5. If the parents become detained, arrested, removed or deported because of immigration issues.

Who can become a guardian of a child in Illinois?

To be eligible to be a guardian for a child in the State of Illinois, you must meet the following criteria:

• Be at least 18 years of age;
• Be a resident of the United States;
• Be of sound mind;
• Be not legally disabled; and
• Not have a felony conviction that involved harming or threatening a child.

Types of Guardianships

• Plenary Guardianship: A plenary guardian (also known as a permanent legal guardian) is appointed by a Judge and has the same duties as any biological parent would have and must provide the child with food, shelter, clothing, education and all other necessities. This can happen when the court terminates the parental rights of the biological parents. A permanent legal guardian cannot give up his or her responsibility unless a Judge finds that a biological parent can care for the child again or someone else is willing to become the guardian.
• Standby Guardianship: In the event that a child’s biological parents lose their lives, become sick, or suffer from a disability and are unable to care for their child, a standby guardian will be appointed to care for the child for up to 60 days. A parent or guardian must designate the standby guardian in writing, witnessed by at least two adults. A parent may also designate a standby guardian in their will. After 60 days, the standby guardian must apply for further authority with the court or petition to become a plenary guardian.
• Short-Term Guardianship: A guardian who is appointed to care for a child for one year or less that is appointed by the child’s parents or guardian. A short-term guardian does not need to be appointed by the court but must be in writing and state the exact date the guardianship will end.

Can the guardian be removed or the guardianship be terminated?

In order to remove a guardian or terminate guardianship of a child, a Petition to Discharge or Petition to Terminate Guardianship must be filed. The petition requires that the person seeking the removal or termination must prove a significant change in circumstances and that the removal of a guardian or termination of the guardianship is in the best interests of the child. This can be filed by the child’s biological parents, other interested parties, or the current guardian if they can no longer fulfill their duties. 

Need More Information or Representation?

If you are seeking guardianship of a child and have questions regarding the types of guardianships and which guardianship would be best for you, 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 providing legal representation to anyone who is seeking guardianship and is wanting to know more about the difference between guardianship and adoption, who can become a guardian in Illinois, the types of guardianships including plenary guardianship and standby guardianship, the process of obtaining guardianship, the role of biological parents, termination of parental rights, and DCFS, and the removal or termination of guardianship.

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

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.