In re A.M.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120809
Decision Date: 
March 20, 2013
District: 
3d Dist.
Division/County: 
Tazewell Co.
Justice: 
SCHMIDT
Holding: 
Reversed.
Court lacked jurisdiction to proceed on merits of guardianship petition of minors filed by minors' maternal aunt, as court did not first hold evidentiary hearing as to respondent mother's willingness and ability to care for her children. A separate hearing must be held first on parental fitness, and only if the presumption of fitness is rebutted in that hearing does the court have jurisdiction to proceed to determine whether guardianship is in the best interests of the minor. (CARTER and LYTTON, concurring.)