In re Guardianship Estate of Tatyanna T., 976 N.E.2d 431

Petitioners sought plenary guardianship over respondent’s biological child, Tatyanna T., after caring for her from birth to age seven.
Tatyanna was returned to respondent in November 2010 at respondent’s request.
Respondent claimed a verbal arrangement with petitioners—where petitioners would help care for Tatyanna—was temporary and not a relinquishment of custody.
Trial court dismissed the guardianship petition, finding no jurisdiction under the Probate Act because respondent retained custody and rights.
Petitioners appealed, arguing respondent voluntarily relinquished custody and thus standing to seek guardianship under 755 ILCS 5/11-5(b).
Court clarified that the version of 11-5(b) in effect at the time controlled and that retroactive application of amendments was improper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioners have standing to seek guardianship under 755 ILCS 5/11-5(b).	Petitioners claim respondent relinquished custody, granting standing.	Respondent never relinquished custody; guardianship jurisdiction requires a parent’s consent under the prior statute.	Standing not established under prior version; petition dismissed.
Whether respondent voluntarily relinquished physical custody to petitioners.	Respondent’s arrangement with petitioners constituted relinquishment.	No clear, formal relinquishment or consent; arrangement was temporary.	No voluntary relinquishment found; no basis to override parental rights.
Whether amended 11-5(b) can be applied retroactively to this case.	Amendment should allow standing when custody is relinquished.	Amendment is substantive and cannot be retroactively applied.	Amendment cannot be retroactively applied; prior version governs.
Whether the trial court erred in dismissing for lack of jurisdiction.	There was a factual basis to treat respondent’s conduct as relinquishing custody.	No factual basis for relinquishment; presumption in favor of respondent’s parental rights.	affirmed dismissal; no reversible error.

In re R.L.S., 218 Ill. 2d 428 (2006) (establishes willing-and-able standard for standing under 11-5(b))
In re Custody of Peterson, 112 Ill. 2d 48 (1986) (custody standing turns on parent’s ready relinquishment, not mere possession)
Newsome, 173 Ill. App. 3d 376 (1986) (nonparent standing tradition under Marriage Act guidance before 11-5(b) amendments)
Buenz v. Frontline Transportation Co., 227 Ill. 2d 302 (2008) (defines voluntary relinquishment of rights as an affirmative act)
Nowak v. St. Rita High School, 197 Ill. 2d 381 (2001) (discusses voluntary relinquishment concepts in right-to-custody contexts)
In re Guardianship of A.G.G., 406 Ill. App. 3d 389 (2011) (applies 11-5(b) standing framework to guardianship)
In re Estate of Michalak, 404 Ill. App. 3d 75 (2010) (reviews manifest-weight standard in probate appeals)