Skip to main content

My husband and I are co-guardians over our disabled adult daughter, how would a divorce affect the guardianship?

Belleville, IL |

Is it possible to get sole guardianship without having to go back through court?

Attorney Answers 3

  1. The divorce should not affect the guardianship. You could get sole guardiaship if your husband agrees to it. If not you have to go back to court. Isn't it better she continue to have both of you?

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

  2. Hi, I am sorry to hear you are contemplating marital dissolution. While I agree with my colleague Counselor Raddatz that your marital status should not affect the guardianship per se, a dissolution of the family as your daughter knows it would most surely affect your daughter. Also, the terms any marital settlement agreement being contemplated would necessitate a thorough review of its impact on the estate planning that I am sure you already have in place for your daughter. You both would want to ensure that the marital settlement agreement locks the proper estate plan in place so neither spouse could make any changes that would disfavor your daughter or the future care for her special needs. I hope you reconsider, as you have all come this far together. Seek counseling with your pastor before you make any changes. Be encouraged.

    Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.

  3. Attorney Cola's answer (below) is as good as it gets.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics