Legal Guardian: What Happens When Neither Parent Can Take Care of a Child?

 Posted on December 00, 0000 in Children of divorce

Child custody disputes are never easy. They are often laborious and lengthy, and they may involve a number of heated disagreements and emotions.

Custody disputes may become even more complicated when they involve more than one child. Divorcing spouses with children often have a very difficult conflict ahead of them, but many wonder what happens when neither parent is capable of — or wants to — take care of the children?

Because every divorce and child custody dispute is unique, it is wise to seek help from a legal professional to review your case. Marital, divorce, and custody law is a complex field for those who are inexperienced, so it can be incredibly beneficial to consult a lawyer. This is true for both parents and potential guardians.

Why Might Parents Be Unable to Receive Custody of the Child?

Excluding rare — and unfortunate — circumstances in which neither parent wants to take custody of the children, the most likely cause for a judge to rule in favor of a guardian instead of one of the parents is that neither can offer a suitable home for the children.

As the Illinois General Assembly outlines, courts decide custody based on the children's best interests, so there is no bias in favor of the mother. Courts never assume the mother to be the default parent for custody.

Various factors go into a custody decision. Chief among these is the capability of each parent to provide a stable environment for the children. It may often be the case that neither parent presents a suitable option for financial reasons, mental health concerns, or even drug and alcohol abuse. There is no standard combination of factors that can predict the outcome — every case is different.

Who Can Be a Guardian?

Potential guardians must present the criteria necessary for custody, which includes a stable environment that offers a suitable living option for the children. A guardian may be a relative or even a close friend of the family. Either the parents or the children may suggest a suitable guardian.

If you are currently facing a divorce or child custody battle, it may be beneficial for you to consult with an experienced Aurora family lawyer. Contact the Law Office of Matthew M. Williams, P.C. at 630-409-8184 today to schedule an appointment.