How to Transfer Custody of a Minor to an Unrelated Adult According to Illinois Law
Transfer of the custody of a minor may be necessary for a number of reasons. The original parents may have died or become unable to care for the minor, or the minor may have to be removed from the original parents because of abuse. In the state of Illinois, unrelated adults wishing to take custody of a minor must file a petition and complete an affidavit before appearing in court.
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Instructions
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File a petition for custody in the county in which an abandoned child is found. Any person with legal rights in Illinois may file the petition. Use the form for petition for modification of custody provided on the county website, or visit the county courthouse and ask for one. If the county does not have an appropriate form, create a petition by typing your name and home address into a word processor, or write neatly on paper your desire to take custody of the child. Hand the petition to the office clerk personally. Take note of the court date given by the clerk. Skip to step 3.
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File a petition for modification of custody in the county of residence of the child, if you wish to become a legal step-parent. To become a legal step-parent all of the following criteria must be met before petitioning for the child: the child has passed the twelfth birthday; the child lived with the current child custodian and the step-parent for at least five years; the custodian and the step-parent were married during that five year period; the custodian has died or become mentally unable to care for the child; the stepparent cared for the child before filing the petition; the child expresses a desire to the court to live with the step-parent; and the step-parent is the best of available custodians to the child, including foster parents in the county of the child's residence.
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Fill out an affidavit form, which can be found at the county website or courthouse. The affidavit will state the facts of the case and the argument for changing custody. Mail by certified mail a copy of the petition, affidavit, and an official courthouse notice of the court date to the child's custodian, at least 30 days before the court date.
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Go to court on the date specified by the courthouse clerk. When your case number is called, approach the judge, state your name and the reason for appearing at court. Present the papers filled out before court. If the child's custodian appears at court, the judge will ask the custodian to respond, and may then ask you to respond in turn to answer the custodian's claims. Leave when the judge dismisses the parties involved in the case. Ask the clerk when to expect information about the judge's decision.
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Tips & Warnings
Dress in business clothes and try to appear confident and responsible on court day. If the child's custodian appears in court, treat that person politely and avoid conflict.
Bring to court any witnesses to the child's situation. If possible, meet with them on a day before the court day to discuss the case.
References
- Photo Credit child image by Renata Osinska from Fotolia.com
