Legal Question in Family Law in Illinois

Adoption

I am getting married and my fiancee wants to adopt my son who he had been caring for financially and emotionally since he was 3. He is now 7. My son's biological father will not give permission even though he doesn't pay child support or see him. He also has a daughter that the state takes out child support for and he doesn't see. And he recently got married and is on his second child with his wife. My son wants to change his name to my husbands. What are my options in this situation? I was never married to my son's father and I've been his primary caregiver since he was born. His biological father never did anything for him and I don't think it's fair that he get to decide what goes on in my son's life.


Asked on 3/26/06, 3:02 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Adoption

Hello. First, you should make biological dad pay

current and (back) child support. As to the

adoption issue, your husband can file a petition

for adoption with you even though biological dad

does not approve. Have biological dad served with the petition and summons and see if her hires a lawyer to represent his interest. Of course, you and your husband should also hire an

attorney to start these proceedings. I will be

happy to answer any additional questions that you

may have.

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Answered on 3/27/06, 12:00 am


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