Legal Question in Family Law in Illinois
My mom & her new hubby lied to get guardianship and then adoption.
Some history: My mom kidnapped my son 5 years ago but I got him back. Later, she offered to let him live with her while I tried to look for work. She's in Illinois & I'm in Texas. I found out that they told DCFS that I abandoined my son & were given guardianship; they then told me they were giving me my son and ending the guardianship. Putting me off as long as they could, they went to the courts & told them that I abandoned my son, they had no way to contact me & was granted an adoption. I didn't find this out until 2 days b4 the adoption was finalized. I recently found my son's father and we were wondering what could we do? I've been talking to my mom & her husband thru this whole thing yet they aren't telling me anything saying that the process can't be reversed. What can we do, my son's father and I, to bring my son home, what do I need to look for, and what I need to get started? This has been going on since 2004 & I want it over with this year.
2 Answers from Attorneys
Re: My mom & her new hubby lied to get guardianship and then adoption.
Hopefully an Illinois attorney will weigh in and provide you with the options available in that state. What did you do during the two days before the adoption was final? Have you been represented by counsel? If this occurred in Texas, it may be possible to reverse the adoption if a fraud was perpetrated on the court to achieve the order. Are you still within the appellate deadlines? The fact that this has reached this point, should demonstrate the immediate and necessary need for legal representation.
Re: My mom & her new hubby lied to get guardianship and then adoption.
You would have to hire an attorney in the county where the adoption took place. He would then move the court to vacate the adoption on the grounds that no notice was given to the father, and fraud.