Legal Question in Family Law in Illinois

Hi! My husband and I have been married for a few years. I was married before and had 2 children. There biological father is in prison and has not seen my children for 2 years. He has never paid child support and he has a DCFS case where it was founded of child neglect/abuse on both of my children. He will be in prison in the state of IL for the next 11 years, and then will be transferred to the state of IN to serve another 12 years. My children will be of ages 29 and 30 years by the time he gets out. My husband that I am now and have been married to for a few years would like to adopt my children. He is the man who fully supports us as I do not work, the kids call him daddy and he is the one who is loving, thinking of there futures, morally supporting them. I know I can do this on my own but am needing the correct paperwork, where can I find those? Also, we are not financially able to get an attorney at this time. My children do not know there bio-dad and would not know him if they seen him walking down the street. Please help me in this case. Thank you!


Asked on 4/14/10, 4:49 pm

1 Answer from Attorneys
Stephen Messutta

There may be an attorney in this area who will help you "pro bono" -- without fee. You should check into legal clinics, through the local bar association, your church if you attend. Unfortunately if the bio-dad's name appears on the birth certs, in order to adopt you're talking about a potential court battle if he won't voluntarily sign off on his parental rights despite the abuse/neglect charges. That's how strong parental rights laws are. You may have the time to research it on your own, but having an attorney as a buffer in this case may be just as important for your children, you and your new husband.

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Answered on 4/19/10, 5:43 pm


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