In Illinois, any time that a minor child is at risk, a member of their family can take legal action. If the risk is less likely to stop, these family members can file a motion to acquire legal guardianship of the child. The following are the steps for acquiring guardianship through family law in Winnebago County, IL.
Identify a Risk to the Child
The first course of action is to report this risk to child protective services. If the risk is classified as a crime, the family member may also contact law enforcement to report the offense. Once notified, these agencies take action to protect the child. Until the risks are assessed completely, the child is removed from their home. The family member can acquire possession of the child for this the duration of the investigation.
A Home Study and Assessment
Child protective services assign a caseworker to evaluate the individual who placed the child at risk. The caseworker visits the child’s home for a full review. They interview the parent or guardian to acquire evidence of the identified risks. They also interview the child to learn more about the risks and how they have affected the child’s well-being.
Acquiring Temporary Custody of the Child
The court will provide temporary custody of the child to the family member if the risks are verified. This assignment is provided for one year. This duration provides the parent or guardian to correct these risks and provide a safe and appropriate home for the child.
The Final Hearing
A final hearing determines if the family member acquires permanent guardianship. If the risk was related to a drug or alcohol addiction, the parent must complete a treatment program successfully. If they fail to eliminate the risk, the family member will acquire the permanent guardianship.
In Illinois, minor children who are at risk are protected through family law. A family member can take action to acquire guardianship to prevent any further risks or abuse. Family members who want to take legal action through family law in Winnebago County, IL should contact Crosby Law Firm to start a case now.