${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

How grandparents can obtain custody

89016605_S.jpgAs this blog has explained previously, grandparents' rights are somewhat limited in Illinois, as the law of this state expresses a strong preference for a child's legal parents to raise that child and make important decisions on his or her behalf.

However, there is a way, called a guardianship, for Springfield grandparents to obtain child custody over the grandchildren, although this way is only available in limited circumstances, such as when neither of the child's parents are willing or able to care for their child.

A guardianship is a court action and will likely involve a child's grandparents having to attend a court hearing. The grandparents should expect to have to prove two things to the judge overseeing the case. First, they must show the child actually needs a guardian.

This means the child's parent either has to agree to the guardianship, or the grandparents will have to show clearly that the child's parent is not in the position to make decisions on the child's behalf.

Even if they can prove their grandchildren need a guardian, they still have to show that they are the best people for the judge to appoint to that role. There are also minimum qualifications the grandparents will have to meet if they want to be considered for appointment. For instance, they must not have a felony related to child abuse on their criminal records, and they must not also be suffering under a legal disability.

In Illinois, the guardian of a child has custody and, with that, has the right and responsibility to care for a child and provide for his or her needs. Thus, grandparents who become guardians over their children will, in almost every respect, have the same rights as the child's parents, at least until one of them can show he or she is able to care for the child again.

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Stange Logo

Stange Law Firm, PC
400 S. 9th St.
Suite 100
Springfield, Illinois 62701

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806 Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 5 Club Centre Ct., Suite A, Edwardsville, Illinois 62025: Edwardsville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.