Legal Question in Family Law in Illinois

16yr old ,guardianship and biological parent

Can the biological parent have guardianship of 16yr old if the adoption parents agree? This parent was never determined. The 16 yr old will not stay with adoptive parents, due to the biological parent and siblings? (16 yr old keeps running away)


Asked on 5/17/09, 10:14 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: 16yr old ,guardianship and biological parent

You definately need to talk to an attorney.

If the child was adopted, the parents are the adopted parents.

Therefore, the bio. parent has no legal rights. Legally the bio parents are "strangers" to this child.

Can a non-parent get custody? Yes in certain circumstances.

I can't tell if the case is a TX case or an IL case.

The state will be determined by where the child has been living for over 6 months. I bet it's with the adopted parents.

PS - It sounds like this child needs counseling.

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Answered on 5/17/09, 3:16 pm


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