Legal Question in Family Law in Illinois

If a relative has guardianship of a child and the mother is doing well and wants the child back. What does she need to do.


Asked on 5/31/14, 6:03 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

She needs to seek a termination of the guardianship. It is not simple or routine. The judge must be shown a change in circumstance of mom . As the Illinois pro bono cite states:

The burden is on the parent to establish, by a preponderance of the evidence that a material change in circumstances of the minor or parent has occurred since the entry of the order appointing the guardian. Once the parent has established that, the burden shifts to the guardian, who must establish by clear and convincing evidence, that termination of the guardianship would not be in the best interest of the child. The court must consider the following factors related to best interest:

The interaction and interrelationship of the minor with the parent and members of the parent�s household

The ability of the parent to provide a safe, nurturing environment for the minor

The relative stability of the parties and the minor

The minor�s adjustment to his or her home, school, and community, including the length of time that the minor has lived with the parent and the guardian

The nature and extent of visitation between the parent and the minor and the guardian�s ability and willingness to facilitate visitation

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Answered on 6/01/14, 5:49 am


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