A new guardianship law, signed by the governor today, will reduce guardianship battles for children by allowing them to remain with a named caretaker versus moving from one guardian to the next.
Under House Bill 5686, if parents name a godparent as a child’s short-term caretaker, then a third party, such as a grandparent, aunt or uncle, wanting guardianship must prove the godparent is unfit.
“Reducing the frustration and hassle of moving from one home to the next will provide stability for children,” said State Senator Mattie Hunter, Majority Caucus Whip. “This law puts children first.”
The law considers the wishes of the parents and the minor, if a teen is 14 or older, when determining where the child should live. The legislation prohibits guardians from removing children from Illinois for longer than 30 days without the court’s permission. It also requires caretakers to inform the court of the child’s current address.
The Family and Children’s AIDS Network, Chicago Legal Advocacy for Incarcerated Mothers, Family Defense Center, Chicago Volunteer Legal Services and the Cook County Public Guardian support this push. The law goes into effect on January 1.