In re T.P.S, a Minor Child 

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
No. 5-10-0617
Decision Date: 
Monday, June 20, 2011
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Reversed and remanded.
Justice: 
CHAPMAN
Parties were involved in long-term same-sex relationship, during which time Petitioner gave birth to two children. Respondent had been named coguardian of each child shortly after their birth. Guardian has cognizable interest in child's welfare, as the court, in appointing guardian, must have found that the presumption of the superior-rights doctrine was overcome. Although a non-parent who has been legally appointed as guardian has standing to oppose termination of guardianship, other third parties do not. Guardian must prove, by clear and convincing evidence, that a continuation of guardianship is in the child's best interests. (SPOMER and WEXSTTEN, concurring.)