The process of naming a guardian in Naperville requires court approval and is often complicated. When unique factors apply, the matter could be even more complex.
Although any competent, qualified legal resident adult is eligible to serve as a guardian, naming a non-citizen as a guardian of a minor in Naperville often poses particular challenges. Assistance from an experienced guardianship lawyer could make the process easier to understand and reduce the likelihood of costly mistakes.
Many minors in Naperville are under the natural guardianship of one or both parents. As guardians, parents make decisions on behalf of their children and are expected to provide for their needs. The guardianship role legally ends when a child reaches the age of 18.
When parents are unable or unwilling to fulfill their duties as guardians, another relative or an individual outside the family may be appointed as a guardian. Naming a non-citizen as a guardian of a minor in Naperville may occur if the person designated to assume the role meets the qualifications and satisfies requirements of the court.
Some of the guardianship requirements in 755 Ill. Comp. Stat. §5/11-3 are straightforward, while others may be open to interpretation. To be named as a guardian of a minor in Naperville, a non-citizen must be at least 18 years old and a resident of the United States. While some materials cited by the state government specify that a guardian must be a legal resident, this requirement is not included in the statutes. It is possible for an undocumented adult to be awarded guardianship by a court.
In addition, a guardian must not be “of unsound mind” and must not be someone judicially determined to have a disability that renders them unfit to assume the guardianship role. Finally, a guardian usually must not have been convicted of a felony. However, the court may find it in the child’s best interests to appoint a guardian with a felony conviction if the crime did not involve harm or danger to a child and if the guardian shows evidence of rehabilitation.
A long-term, full guardian is often referred to as having plenary guardianship. If a non-citizen is named as a guardian of a minor in Naperville in a plenary capacity, they are expected to continue in the role until the child turns 18, a parent is able to take over, or someone else is prepared to assume the role.
An individual may also serve as a temporary guardian for a short period of time, in which case court approval is usually not necessary. In some cases, a non-citizen may be named a standby guardian. A standby guardian does not take on guardianship duties unless and until the primary guardian becomes unable to care for the minor.
While a court may allow an individual without proof of legal resident status to serve as the guardian of a minor, it is advisable to obtain and present evidence of legal status if possible. An attorney could assist in acquiring proof or demonstrating why guardianship should be established even without legal resident status.
Naming a non-citizen as a guardian of a minor in Naperville requires a showing as to why guardianship is necessary and why the non-citizen is the appropriate person to act in the best interests of the minor. When parents and children are separated by immigration issues, guardianship could be a crucial tool in furthering the welfare of a child. Information and assistance may be obtained from a knowledgeable attorney.