What Rights Do Parents Keep After a Guardian Is Appointed in Illinois?

 Posted on September 22, 2026 in Child Custody

When someone else becomes your child's legal guardian, your role as a parent can change. You may have questions about seeing your child or taking back responsibility for your child's care in the future.

A guardianship does not automatically terminate your parental rights in Illinois. Instead, the guardian takes over certain responsibilities while the guardianship is in place. If someone has been appointed guardian of your child in 2026, a Wheaton, IL family law attorney can review the court order and explain your rights.

Does Guardianship Terminate a Parent's Rights in Illinois?

Guardianship and termination of parental rights are different legal actions. A parent can retain parental rights even when another person has been appointed as the child's guardian.

Under 755 ILCS 5/11-13, a guardian of the person has custody of the child under the court's direction. This gives the guardian significant authority while the order remains in effect. However, it does not by itself legally end the relationship between the parent and child.

Who Makes Decisions for a Child During an Illinois Guardianship?

Under Illinois law, a guardian of the person makes decisions about the child's care under the court's direction. This includes providing for the child's health, education, support, and other day-to-day needs.

A parent who retains parental rights does not typically have the power to override those decisions. The guardianship order explains the guardian's authority and should be the starting point if a disagreement arises.

For example, a parent and guardian could disagree about where the child should go to school. The guardian's legal authority and the terms of the court order will guide how that issue is handled.

Can Parents See Their Child During an Illinois Guardianship?

Guardianship does not, by itself, require contact between a parent and child to end. However, the guardianship order and any other court orders can affect how visits take place.

Parent-child contact will come up if the parent later asks the court to end the guardianship. Illinois law directs the court to consider the nature and extent of visitation between the parent and child. The court also looks at the guardian's ability and willingness to support that contact.

Parents should follow any existing orders that address visits with the child. If a dispute develops, an attorney can review the orders and explain whether court action is appropriate.

Can a Parent Ask to End an Illinois Guardianship?

A living parent whose parental rights remain intact can ask the court to end the guardianship. Under 755 ILCS 5/11-14.1, the parent must first show a material change in the parent's or child's circumstances since the guardian was appointed.

If the parent proves that circumstances have changed, the guardian must then show that ending the guardianship would not be in the child's best interests. When making that decision, the court considers factors such as:

• The relationship between the parent and child
• The parent's ability to provide a safe and supportive home
• The child's adjustment to their home and community
• The stability of the people involved in the child's life
• The nature and extent of visits between the parent and child

The court can consider other information related to the child's best interests. Changes in the parent's ability to provide care or relationship with the child can all become relevant when asking the court to end the guardianship.

What Can Parents Do While an Illinois Guardianship Is in Place?

Parents can stay informed about the guardianship and take steps to protect their rights while the order remains in effect. A good starting point is to understand exactly what the court ordered and to follow any requirements that apply to the parent.

Parents who hope to end the guardianship in the future should also keep records of important changes in their circumstances. For example, improvements in housing or the ability to provide stable care could become relevant in a later request to end the guardianship.

Contact a DuPage County, IL Guardianship Lawyer

Attorney Alex Fawell brings 10 years of legal experience to Illinois family law matters. He takes a practical, results-oriented approach to helping families address guardianship and other legal concerns.

Contact our Wheaton, IL family law attorney at Fawell & Fawell to discuss your child's guardianship and your parental rights. Call 630-871-2400 today to schedule your free consultation.