What to do if I was granted guardianship of my neice and nephews through the court but things have changed and I need to transfer guardianship to my sister?

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What to do if I was granted guardianship of my neice and nephews through the court but things have changed and I need to transfer guardianship to my sister?

How do I go about doing this? The kids have a father and mother but both are on drugs.

Asked on September 27, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have custody or guardianship through court orders and you need to change those orders, then you will have to file a motion to modify those orders granting your sister those rights.  Your question does not specify whether or not the parents' rights have been terminated, but if they have been, then they will not be entitled to notice of the change.  If they still have some parental rights, you may be required to notify them of the change in guardianship. After the motion is filed, the judge can either approve an agreed order for the changes, or have a contested hearing and receive evidence as to why the change would be in the best interest of the children. 

If the parents are too spaced out to really care, then this could be a fairly simple process if your sister is in agreement with how to proceed.


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