How Do You Become a Legal Guardian of a Child in Illinois?

 Posted on August 23, 2026 in Guardianship

Sometimes, a situation arises where a child needs to live with someone other than their parent. Another relative may need the legal right to make important decisions for a child when a parent cannot provide daily care.

In Illinois, becoming a legal guardian of a minor requires filing a petition and getting court approval. A judge must find that the proposed guardian is qualified and that guardianship is in the child's best interests. If you are considering guardianship in 2026, a Naperville guardianship attorney can explain what the process involves.

Who Can Become a Legal Guardian of a Child in Illinois?

A guardian is an adult who has legal authority to care for a child or manage the child's property. Guardianship does not make someone the child's legal parent. However, it can give a guardian important rights and duties.

The Illinois Probate Act of 1975, 755 ILCS 5/11-3, sets rules for who may serve as a guardian. A proposed guardian generally must:

• Be at least 18 years old

• Be a resident of the United States

• Be able to provide suitable care for the child

• Meet the law's rules on legal capacity and criminal history

A felony conviction does not always prevent a person from becoming a guardian. However, someone cannot be appointed if they have certain felony convictions involving harm or a threat to a child. This includes felony sexual offenses.

Can You Get Guardianship in Illinois if the Child Still Has a Living Parent?

Guardianship is not a way to replace a parent who is willing and able to care for a child. Illinois law generally assumes that a parent can make daily childcare decisions unless there is a legal reason to find otherwise.

Under 755 ILCS 5/11-5, a court generally cannot proceed with a guardianship case when a living parent with intact parental rights is willing and able to make daily decisions for the child.

There are exceptions to this rule. A case may move forward if a parent has voluntarily given up physical custody or does not object after receiving notice of the hearing. A parent may also consent to the guardianship.

However, if a parent objects to another person's request for guardianship, this can cause complications. A family law attorney can review the situation and explain whether guardianship may be an option.

How Do You File for Guardianship of a Minor in Illinois?

The process of becoming a guardian for a minor child starts by filing a petition asking the court to appoint a guardian. Illinois has standard court forms for guardianship of a minor.

The petition gives the court key information about the case. This includes information about the child, the proposed guardian, the child's parents, and certain relatives. It also explains why guardianship is being requested.

Parents and certain other people must receive notice as required by law. The court then holds a hearing on the request.

Filing the forms does not guarantee that the court will appoint a guardian. The person seeking guardianship must show why the court can legally grant the request and why the appointment is right for the child.

What Will the Judge Consider Before Appointing a Guardian in Illinois?

The child's best interests are at the center of a guardianship case. Illinois law allows a court to appoint a guardian of a child's person or estate when doing so is in the child's best interests.

The judge will look at why the family came to court and whether the proposed guardian can care for the child. The court must also consider the rights of the child's parents.

The question is not simply which adult could give the child a better home. The court must have a legal basis to grant guardianship, and it must also find that the appointment serves the child.

What Does a Legal Guardian in Illinois Have the Authority to Do?

A legal guardian has most, if not all, of the responsibilities a parent normally handles for a child. However, there are two main types of guardians, and each has different responsibilities. A guardian of the person is responsible for the child's care and education, which can give the guardian authority to make important decisions about the child's daily life.

A guardian of the estate has a different role. This person has the authority to manage money or property that belongs to the child. Illinois law does allow one person to serve as guardian of the person and another to serve as guardian of the estate.

Keep in mind that an informal family arrangement does not give a caregiver the same legal authority as a court-appointed guardian. Formal guardianship may be needed when a caregiver must make decisions for a child or act on the child's behalf.

Call a Naperville, Illinois Guardianship Lawyer

At Fay & Farrow, our Naperville family law attorneys have served local families for decades. Our firm focuses exclusively on family law. Whenever possible, we help families find civil and effective solutions to difficult situations.

If you are caring for a child or believe legal guardianship may be necessary, contact a DuPage County family law attorney at Fay & Farrow. Call 630-961-0060 today to schedule a free consultation.