Family & Safety

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The Big Picture

Usually, only a parent of a child has the authority to make decisions about the care of a child or property belonging to a child. Sometimes, a parent cannot or will not …

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Complete and sign the documents listed below. You should be able to get the forms you need from your local circuit clerk, but depending on the county, you may need to prepare documents yourself without a form. Make at least 3 copies of each. [no-lexicon]

• Petition for Guardianship of a Minor: Complete this form to help you become the guardian of a minor.
• Exhibit A to Guardianship of a Minor: List the names and addresses of any of the child's relatives that you need to notify about the guardianship.
• Notice of Motion: Tell all involved parties about the case details.
• Appearance and Consent for Letters Appointing Guardian: Prepare this document when a relative agrees to the guardianship. [/no-lexicon]

If you live in Cook County, use the forms on the Clerk of the Circuit Court of Cook County's website. Guardianship of a Minor forms are in the Probate section. You can use this petition to get a guardianship in Lake County.

If you do not have money to pay court fees, you should also ask for a fee waiver. Use the Fee waiver Easy Form to make the forms you need.

Use the ​Short term guardianship Easy Form to obtain a short-term guardianship for up to 1 year.

You should file the following forms:

• The original and 2 copies of the Petition for Guardianship of a Minor,
• Exhibit A to Guardianship of a Minor (if you need to notify any of the child's relatives that you are petitioning for guardianship), and
• Notice of Motion.

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website.

If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

How you will find out about the court date (or hearing date) and time depends on how you filed your case.

• E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
• Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.

Once you have a court date, put this date on the Notice of Motion. Make sure the date is at least 2 weeks away so that you will have time to notify the parents or any other relatives involved in the case and get a return receipt back.

You must send the Notice of Motion of the court hearing, the Petition for Guardianship of a Minor, and Exhibit A to Guardianship of a Minor to:

• The child's parents,
• The child's siblings 18 years old and over,
• The child, if the child is at least 14 years old, and
• Anyone else who has had legal or informal custody of the child.

The way you give notice depends on whether you know where the relative lives. If you know the relative's address, then you serve them by mailing the documents by certified mail, return receipt requested.

Put the following papers in an envelope and take them to your local post office:

• Notice of Motion,
• Petition for Guardianship of a Minor, and
• Exhibit A to Guardianship of a Minor (staple this to the petition).

Keep a copy of the above documents for yourself. Address the envelope to the child's relative. Go to the post office and tell the postal clerk that you want to send it certified mail, return receipt requested. Sign the card in front of the postal clerk.

In about two or three weeks, the post office should bring you either the green card receipt by itself or the green card receipt attached to the undelivered letter. Take the receipt to court on your court date.

If you do not get the green card receipt before your court date, call the post office where you mailed it and ask what happened. You should also appear in court on your court date and let the judge know that you have not received the receipt. The judge will likely continue the case to another date.

If you do not know the address of a relative, you have to publish notice of the case. Ask your circuit clerk for instructions on how to do this in your county. You may need to get permission from the judge before you can publish notice of the case. To publish notice, you will need all of the following:

• Affidavit for Service by Publication,
• Copy of the Petition for Guardian of Minor,
• Exhibit A to Petition for Guardianship of Minor, and
• A copy of your fee waiver, if you have one.

Come to the court early with your paperwork and a valid driver's license or state identification card. Dress as you would for an important business appointment. The child must also come if they are 14 or older.

It is important to follow the below suggestions when going to court:

• Get to the courthouse at least 30 minutes before your hearing time. Go to the courtroom listed on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk,
• Check-in quietly with the courtroom staff and wait for your name and case number to be called, and
• When your case is called, walk up to the judge and introduce yourself. Briefly tell the judge what you want out of the case. After listening to you and the other side, the judge will let you know what happens next.

If this is your first time going to court, learn more about the process of Going to court.

Bring these items to your court hearing:

• Order for Guardian of Minor filled out with the case information, but leave blank where the judge would sign, and any information you do not have yet (the original and 2 copies for each child),
• The child's birth certificate (the original and 1 copy),
• Any death certificates, for example of the child's parents or former guardian (the original and 1 copy),
• Appearance and Consent for Letters Appointing Guardian from any relatives agreeing to the guardianship, and
• Return receipt of certified mail notices.

Wait for your case to be called. When your case is called, step up and tell the judge you want to be the child's guardian. Answer the judge's questions. If the minor is at least 14 years old, they should step up with you. The judge will ask minors 14 and older if they agree to the guardianship.

When you are finished speaking with the judge, wait until the clerk gives you a court order that will let you know what the judge decided. Depending on the situation, and your local court's procedures, it may take a couple hearings to get a final order deciding the guardianship case.

If the judge grants your request to become the guardian of the child, you will need to get a certified copy of the order. Take the order to the circuit court who will certify the order and then direct you to the cashier.

If you do not have a fee waiver, there will be a fee for each order you need certified. If you have the fee waiver, you will need to show your signed and stamped fee waiver order to the circuit clerk. Do not leave the building until you have done this. You must get the court order certified the same day that you receive it.

The court will then mail you Letters of Office which prove that you have legal guardianship of the minor. The court should mail the Letters of Office within a few weeks after your court date.