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How do I go about getting my children back from a guardianship?

Decatur, IL |

I appointed guardianship of my children with my mother in September of 2011. I am currently afraid for their well being and would like to relinquish her guardianship and have my children back in my care. It was not court ordered that my children reside with her, I placed them with good intentions, with her. However, there is a petition that I signed that gave her guardianship, at her county courthouse. We live in Illinois. I was at my mother's home for Christmas and I saw how she treated my youngest son, she humiliated him and called him retarded, spanked him and then made him go to bed with out his lunch. All because he peed his pants. I saw the fear and dread in his eyes. All I want to know is how I go about getting my boys back with me.

Attorney Answers 2

  1. You need to go to the court where the guardianship was filed and file papers to terminate the guardianship. Given this involves your children, it is in both yours and the children's best interest for you to speak to an attorney familiar with guadianships inthe area whe it was filed so you can better understand your rights and the process for terminating the guardianship.

  2. Guardianship in Illinois can be modified or terminated, but it is fact specific. Talk to a family law attorney in your area for specific guidance - issues that are contested generally MUST go before the court under the Probate Code.

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