Legal Question in Family Law in Illinois

How does custody work in event of death

I have sole custody of my son. Do to health problems I have wondered what will happen to my 7yr.old son if I die. Can I appoint a guardian? His father isn't always in his life. I really don't think our son landing in his lap full time would make him instantly grown up or make him want him any more than he does now. I don't want my son shoved from piller to post. I want him to grow up in a stable environment. I want to protect him and I need to know how.


Asked on 11/28/04, 1:44 pm

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: How does custody work in event of death

You have two main options. The first being to name a guardian for your child in your will. However the court can decide not to appoint the guardian you name. The second is to name what is called a "standby guardian".

A Standby Guardianship is a procedure by which a parent can name the person who they want to become guardian of their minor children in the event that the parent should die or become permanently unable to care for the children. The standby guardian will be able to assume the care of the child immediately upon the death or incapacity of the parent/parents. The process to name a "standby guardian" requires a court hearing and notice being given to the child's parents and adult siblings. The law presumes that the child is best placed with a parent so the person seeking guardianship has the burden to prove otherwise.

I would be more then happy to discuss these options in greater detail with you. Furthermore a review of any wills or health care power of attorneys you currently have should be conducted. Please call my office at your earliest convenience.

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Answered on 11/28/04, 8:19 pm


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