Guardianship of my friend's daughter

[CabbagePatch3]

Jurisdiction

Illinois

My friend is mentally ill, and very aware that she cannot effectively parent on her own. My husband and I would very much like to assume guardianship of her toddler to ensure the child is safe and well provided for while maintaining a relationship with her mother.

However, before her last hospitalization, she signed over temporary guardianship to her step father and his new wife.

She also has an older child who is presently living with the paternal grandparents and is expected to be adopted by them. They are of no relation to the child in question.

We have the support and blessing of the child's mother, the child's paternal grandmother, the child's maternal aunt, and the child's biological father.

What course of action is best in this case? My attorney won't take it as it's in a county he's unfamiliar with.

 

[Zigner]

My friend is mentally ill, and very aware that she cannot effectively parent on her own. My husband and I would very much like to assume guardianship of her toddler to ensure the child is safe and well provided for while maintaining a relationship with her mother.

However, before her last hospitalization, she signed over temporary guardianship to her step father and his new wife.

She also has an older child who is presently living with the paternal grandparents and is expected to be adopted by them. They are of no relation to the child in question.

We have the support and blessing of the child's mother, the child's paternal grandmother, the child's maternal aunt, and the child's biological father.

What course of action is best in this case? My attorney won't take it as it's in a county he's unfamiliar with.

Then ask your attorney for a referral, or find one on your own. You don't want to treat this as a "do-it-yourself" project.

I commend you for trying to help this child.

 

[zddoodah]

My husband and I would very much like to assume guardianship of her toddler to ensure the child is safe and well provided for while maintaining a relationship with her mother.

What about maintaining a relationship with her father?

before her last hospitalization, she signed over temporary guardianship to her step father and his new wife.

There's no such thing as "sign[ing] over . . . guardianship." A guardianship can be created by a court order. I'll assume for now that no court order exists, which means that the child is simply living with these folks with the mother's permission.

What course of action is best in this case?

Retain an attorney to file a guardianship action in your/the child's county of residence.

 

[CabbagePatch3]

What about maintaining a relationship with her father?


There's no such thing as "sign[ing] over . . . guardianship." A guardianship can be created by a court order. I'll assume for now that no court order exists, which means that the child is simply living with these folks with the mother's permission.

She signed a temporary guardianship document.

Retain an attorney to file a guardianship action in your/the child's county of residence.

He's living in a different state and has no means of transportation. In the future, I would be open to supervised visitation as he has been deemed an unfit parent and charged with child neglect of his older children.


She signed a temporary guardianship document

Challenge their guardianship directly, or let her contest their guardianship?

 

[zddoodah]

Challenge their guardianship directly, or let her contest their guardianship?

As indicated in my prior response, it does not appear that any guardianship exists. If you want a guardianship, consult with a local attorney about filing the necessary papers to start the process.