Legal Question in Family Law in Illinois

Re: Custody of Apoted Child

You don't indicate the status of the parental rights of the legal father. Assuming the mother is the custodial parent without issues or problems with the court or Children & Family Services, you, with the consent of the mother may pursue temporary custody and guardianship through adoption. As in any adoption, it will be necessary to terminate the parental rights of the father through his consent or through a hearing before a judge who will determine whether such termination of rights and/or appointment of you as guardian is in the best interests of the child. Based on the information provided, it appears that a court would make such determination because it has the support of the mother, child, yourself, and the record of the legal father. You may get more specific advice from Children & Family Child Protective Services if it has been involved in the abuse case.

Re: Custody of Apoted Child

Whether the child is adopted or not, the birth mother has the responsiblity of protecting the child. She can grant you and your husband temporary legal custody. Hopefully, the abuse has been reported and the Child Protective Services have been notified. The court can place the child in your care after a preliminary home study has been completed.For permanent guardianship, the adoptive father's rights must be terminated by the court just as it is done in the case of natural parents.