In society today, how we define what makes up a family is extremely diverse. Many children today are born and raised in unmarried or single-parent households. Often, extended family members, including grandparents, aunts, uncles, and adult siblings, raise and even adopt children. Courts previously made rulings and upheld laws in…
Articles Posted in Guardianship
Who Gets “Custody” of a Child When a Parent Dies?
You have just received shocking news that the mother or father of your child has passed away. Suddenly, you are in the position to take a more prominent role in your child’s life by having your child live with you, possibly indefinitely. Who is stopping you from asserting this role?…
Grandparents Raising Grandchildren: Guardianship of a Minor in Illinois
Most people know a neighbor, friend, or family member who provides full-time care for a grandchild. In fact, grandparents raising grandchildren is a growing trend among families in the US. According to the AARP, nationwide nearly 5.8 million grandchildren live with their grandparents, and it is estimated that over 2.5…
The Indian Child Welfare Act: Child Custody, Adoption, and Guardianship
In most child custody, adoption, and foster care placement cases, Illinois state law governs. However, Congress passed a federal law in 1978 called the Indian Child Welfare Act, also known as “ICWA,” which creates a different burden of proof and set of standards for Native American children in child custody, adoption,…
Can a Person File for Divorce on Behalf of Another in Illinois?
Imagine this scenario: In 2004, your elderly father, Howard, decided to marry for a fourth time. He married a then-22 year old woman named Anna. In 2014, after ten years of marriage, Howard decides he has had enough of Anna’s hard-partying ways and files for divorce. He also thinks she…