Legal Question in Family Law in Illinois
Adoption/Guardianship
My ex-husband may be willing to terminate his parental rights if my soon to be (May 03) husband adopts them. It is my understanding that an adoption takes my new husband am I living together for 2 years. Basically what I wanted to know is:
Can I appoint or have my fiancee as the legal guardian of my children before we get married then after we are married begin the process for full adoption?
If so, when my fiancee becomes the legal guardian can we have an agreement with my ex stating that my fiancee takes over all rights (to make decisions, access services, etc.) and responsibilities (such as child support and other financial obligations) until the decree of adoption is entered with the courts?
As I said, I would like to know if this is an option and is legal in the eyes of an Illinois court.
Your help would be greatly appreciated from a very frustrated and economically challenged mother of two.
1 Answer from Attorneys
Re: Adoption/Guardianship
Matters concerning children are one of the areas where courts must make an independent determination of what is in the best interests of a child. Agreements between parties regarding children do not have a binding enforceable effect unless and until the court had independently determined that the agreement is in the best interests of the child.
Here, you are reaching an agreement that your ex can stop paying child support prior to the adoption by your soon-to-be husband. The court is unlikely to go along with letting your ex off the hook for child support absent the adoption you suggest. This does not mean that you couldn�t in fact return the child support to your ex as he pays it in return for his consent to the guardianship.
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