In re Estate of H.B.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (3d) 120475
Decision Date: 
November 28, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
WRIGHT
Holding: 
Reversed in part and vacated in part; remanded with directions.
Court improperly awarded temporary guardianship of minor child to maternal grandmother, without mother's consent, as order was not preceded by any finding as to grandmother's standing to proceed on petition. Subsequent order granting joint guardianship of child to maternal grandparents, over mother's objection, was improper as court failed to make any finding pertaining to child's best interest. Court is required to make necessary but separate findings as to whether child's parents are willing and able to make and carry out day-to-day child care decisions for minor, and findings as to best interest of the minor, in bifurcated examination of these two separate factual issues. (McDADE and O'BRIEN, concurring.)