Guardianship Attorney in Naperville, Illinois
What types of guardianships exist, and what are the differences between them?
What types of guardianships exist, and what are the differences between them?
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you have the guardianship where
um there’s a short-term guardianship
where someone calls and says hey I you
know the parent recognizes that I’m not
in a good spot to parent my child right
now I don’t want to give away my rights
but you know my grandma said she’ll you
know watch my daughter for you know
maybe the next six months what can I do
that can be done without even going to
court that’s called short-term
Guardianship and it’s uh essentially a
form that you fill out have it notarized
signed witnessed and that can effectuate
a short-term guardianship that can be
terminated at any time it automatically
terminates after 365 days on its face
you can re-up it after 365 days you do
the same thing again all right the next
step would be you know same situation
mom comes to me and says I’m not in a
position to parent my child I don’t know
when I will be I say okay you know work
with Grandma to
um file for guardianship in the probate
court and similar uh to adoption you
have a guardian ad litem a gal that is
going to be appointed to investigate as
to the best interests of the child what
you have oftentimes if you have Mom and
Dad you often have counter claims by
grandparents or aunts and uncles so you
have paternal Grandma and Grandpa versus
maternal Grandma and Grandpa and you
know that really comes down to the gal’s
investigation and you know as the
attorney working with the gal and
working with my clients to hopefully put
their best foot forward to show why they
are the ones in you know best position
to care for the child
Contact Melissa Kuffel
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Naperville, IL family law attorney Melissa Kuffel discusses the types of guardianships that exist, and what the differences are between them. She explains that there are two main types of guardianship: short-term guardianship and long-term guardianship.
In the case of short-term guardianship, a parent who acknowledges their current inability to care for their child may seek assistance from a family member, such as a grandparent, for a temporary period, typically up to six months. This arrangement can be established without going to court. It involves filling out a form, having it notarized, signed, and witnessed. This short-term guardianship can be terminated at any time and automatically expires after 365 days. After that, it can be renewed by following the same process.
For long-term guardianship, where a parent recognizes their inability to care for their child indefinitely, they can work with the child’s grandparent to file for guardianship in the probate court. Similar to adoption, a guardian ad litem (GAL) is appointed to investigate and determine the child’s best interests. In situations where there are competing claims from different family members, such as paternal grandparents versus maternal grandparents, the GAL’s investigation becomes crucial. As an attorney, I collaborate with the GAL and my clients to present their case effectively and demonstrate why they are the most suitable option to provide care for the child.
