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

Asked over 1 year ago - Belleville, IL

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

Attorney answers (3)

  1. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. James Gregory Las Cola

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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... more
  3. J. Richard Kulerski

    Contributor Level 20

    2

    Lawyers agree

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

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