Legal Question in Family Law in Illinois

Adoption, guardianship, and immigration law.

Green card and naturalization issues are federal law questions. On these issues, I suggest you resubmit your inquiry for answer by an attorney in federal practice, particularly one specializing in immigration.

Regarding adoption, if your brother-in-law has already adopted these kids, how do YOU expect to adopt them? In any event, adoption of a Georgia resident child would best be addressed by a Georgia lawyer, and I see from the LawGuru website that two have already contacted you.

Regarding guardianship of the child while the child is visiting you in Illinois, your brother can appoint you as a short-term guardian without going to court. Illinois law provides �A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor may appoint in writing, without court approval, a short-term guardian of an unmarried minor or a child likely to be born. The written instrument appointing a short-term guardian shall be dated and shall identify the appointing parent or guardian, the minor, and the person appointed to be the short-term guardian. The written instrument shall be signed by, or at the direction of, the appointing parent in the presence of at least 2 credible witnesses at least 18 years of age, neither of whom is the person appointed as the short-term guardian. The person appointed as the short-term guardian shall also sign the written instrument, but need not sign at the same time as the appointing parent.�

The law also states that �A parent or guardian shall not appoint a short-term guardian of a minor if the minor has another living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor, unless the nonappointing parent consents to the appointment by signing the written instrument of appointment.�

I cannot tell you whether Georgia law has a similar short-term guardian statute or procedure, nor whether Georgia law has any barrier to use of the Illinois short-term guardian procedure while the child (a Georgia resident) is in Illinois.

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Re: legal guardian-immigration

Yes, you can petition to adopt the children here in Georgia. The process is very complicated and you would definetly need legal assistance in this matter. Feel free to contact my office with any further concerns or questions.

Re: legal guardian-immigration

There is no age limit for adoption or guardianship. If you bring the children here, you can proceed with an adoption or guardianship. If you set up residence of the children in GA, you can go forward with adoption/guardianship here. You should consult with a local attorney.