How to Terminate Guardianship of a Minor and Regain Parental Rights in Illinois

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we discuss how to terminate guardianship of a minor and regain parental rights in Illinois. We will answer questions, “can a parent regain guardianship?”, “how do you terminate guardianship?”, and “what if the guardian doesn’t want to relinquish guardianship of the child?”.

Can a Parent Regain Guardianship of a Minor in Illinois?

Yes. It is possible to regain guardianship that was once deemed necessary by the court, as long as the parent(s) can provide evidence that the issue that stripped them of guardianship has been resolved.

How Do You Terminate Guardianship?

In order for a parent to regain guardianship, there must be a substantial change in circumstances and supporting evidence to demonstrate that it is in the child’s best interest to return to the care of the biological parent(s). For example, if the child was removed from custody of the parents because of a substance abuse problem, the parents can file a “Petition to Discharge Guardianship of a Minor” to regain primary care of the child if they can prove that their abuse issues have been resolved. After you file the petition, you must appear in court and present your case to a judge. Typically, to successfully terminate guardianship, the parents must show: