What Is the Difference Between Custody and Guardianship in Illinois?

 Posted on June 22, 2025 in Child Custody / Allocation of Parental Responsibilities

Custody and guardianship are two distinct paths to caring for a minor child. However, someone can have guardianship over an adult as well. These terms are sometimes confused, but they serve different purposes and follow different legal procedures in Illinois. If you are seeking clarity, a Naperville, IL guardianship attorney can guide you through which legal option best serves the child’s needs and your role in their life.

How Does Illinois Law Define "Parental Responsibilities"?

In Illinois, the term "custody" has been replaced with "parental responsibilities" under statute 750 ILCS 5/600. The law focuses on two areas: decision-making authority and parenting time. 

Decision-making responsibilities cover major aspects of the child’s life, including education, healthcare, religion, and extracurricular activities. Parenting time, formerly visitation, refers to the schedule dictating when each parent spends physical time with the child. The goal is to promote cooperative parenting in a way that supports the child’s best interests, a concept defined under 750 ILCS 5/602.7.

Illinois law regulates who can seek custody, typically limited to parents and someone who has been acting as a parent. These cases are resolved in family court and often arise during divorce or legal separation proceedings. The court carefully considers the adult’s role in the child’s life, the child’s well-being, and the capacity of each adult to provide a stable environment.

What Is Guardianship in Illinois?

Guardianship is governed by the Illinois Probate Act of 1975, 755 ILCS 5/, and is intended for situations where a child’s parents are unwilling or unable to care for them. Guardianship allows a non-parent, such as a grandparent, family friend, or relative, to legally step in and make decisions for the child.

This process is handled in probate court and does not terminate a parent’s rights. Instead, it temporarily suspends them while granting legal authority to the guardian, who may be appointed to oversee personal care, financial matters, or both. As of June 2025, courts still require a thorough showing that guardianship is necessary and that it serves the child’s best interests.

What Are the Key Differences Between Custody and Guardianship in Illinois?

The main differences between parental responsibilities and guardianship are:

• Legal standard: Custody is determined based on the best interests of the child between parents, and guardianship requires proof that the parents are unable or unwilling to provide care.

• Termination process: Custody is modified only upon showing a substantial change in circumstances, and guardianship ends when a parent successfully demonstrates they are fit to resume care.

• Legal relationship: With custody, parents maintain full parental rights and responsibilities, and with guardianship, the guardian has day-to-day authority while parents retain residual rights.

This is, of course, an oversimplified assessment. Every case is unique, and the courts carefully consider all factors that impact the child’s best interests.

Contact a Naperville, IL Family Law Attorney for a Consultation

Understanding custody and guardianship is important during a family emergency or conflict. Whether you are a parent navigating divorce or a relative stepping up in a time of need, having the right legal guidance makes all the difference. The knowledgeable DuPage County, IL child custody lawyer at Calabrese Associates, P.C. lectures on family law issues and can offer strategic and compassionate support. Call 630-393-3111 to schedule a consultation to learn more about your rights and options.