Guardianship & Adoptions

Family Law Attorney Serving the Western Chicago Suburbs

What is the difference between custody and guardianship? When can I adopt a stepchild?

Grandparents often find themselves in the role of being a parent for a grandchild, but without the legal authority to deal with schools and health care facilities. Stepparents can find themselves in a similar role, serving the role of parent of a child in every sense except legally.

As a family law attorney with more than 28 years of experience in the western Chicago suburbs, I can inform grandparents and stepparents about how to bring legal reality to a relationship that already exists.

I offer a free initial consultation to discuss your case.

Obtaining Guardianship of a Child

• Grandparents can seek guardianship of their grandchildren when the biological parents are unable to care for their children. Guardianship can be terminated at a later time if the biological parents are able to resume caring for the child.
• Guardianship allows a grandparent to enroll grandchildren for health insurance under an employer plan, enroll their grandchild in school and make health care decisions.
• An alternative to guardianship is to seek custody of a child. Courts can award child custody to a grandparent or other relative. However, guardianship accomplishes the same things as legal custody and is both easier and less expensive to obtain.

Relative and Stepparent Adoptions

• A stepparent or relative can adopt a child when the biological parent is out of the picture. The biological parent's rights must first be terminated before the stepparent can adopt the child.
• The biological parent must be served notice of the adoption action. If the biological parent is missing, notice can be provided by publication if you satisfy the court that you have tried to locate the parent.
• Once a biological parent signs an irrevocable consent to terminate parental rights, he or she no longer has to pay child support.
• Before the adoption takes place, the court will appoint a guardian ad litem to do a home visit and ensure that the adopting individual will be a good parent.

Free Consultation With an Experienced Lawyer

For a free initial consultation about your case, contact me, attorney Terry Fawell. From my office in Wheaton, I serve clients in DuPage, Kane and Will counties.