Link for opinion: 976 N.E.2d 431, *2012 Ill. App. LEXIS 643, **2012 IL App (1st) 112957, ***364 Ill. Dec. 153
Title: Appellate Court of Illinois Denys Request of Plenary Guardianship
IN RE THE GUARDIANSHIP ESTATE OF TATYANNA T., a minor (Cary T. and Frances T., Petitioners-Appellants, v. Francine Barnes, Respondent-Appellee). Cary T and Frances T requested plenary Guardianship over Tatyanna T.stating that Tatyanna’s biological mother Francine Barnes relinquished her parental rights to Tatyanna.
Francine Barnes had asked Cary T. and Frances T. to care for her daughter Tatyanna shortly after her birth. Cary T. and Frances T. took Tatyanna into their home two days after she was born and took care of her on a daily basis for seven years.
During these seven years, Tatyanna’s biological mother Francine Barnes still had contact with her. She would take her to some (not a lot) of her doctor’s appointments, she would take her on her birthday, holidays and requested to have her a couple of weeks throughout the summer. Cary T. and Frances T. were in agreement with this.
Cary T. and Frances T. filed for plenary guardianship over Tatyanna. The courts denied this as there was no evidence that Tatyanna’s biological mother relinquished her parental rights. Cary T. and Frances T. stated that there was an oral agreement that Cary T. and Frances T. take care of Tatyanna until Francine were to finish high school and be able to provide a better life for her daughter. When Francine requested her daughter to live with her permanently Cary T. and Frances T. filed for plenary guardianship.
The courts found that Francine Barnes did not give up parental rights to her daughter Tatyanna to Cary T. and Frances T. there was no written documentation and that the oral agreement was to have Cary T. and Frances T. care for Tatyanna only until Francine was able to.
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