Legal Question in Family Law in Illinois
Regaining custody once a child turns 18
How would a biological parent go about regaining
custody of a child after the child has turned 18?
I am a nineteen-year-old female whom has had a
falling out with her grandparents (her adoptive parents)
and whose biological mother would like to regain
parental custody and status. Hence the question, how
would my biological mother regain parental status and
custody of me, a now nineteen year old young adult?
2 Answers from Attorneys
Re: Regaining custody once a child turns 18
Actually, the term custody is incorrect. As an adult, it no one has custody of you any longer. If that is your only concern, you need do nothing.
However, if wish to be the child of your mother and not of your grandparents, your mother could adopt you. Or you might try to have the adoption vacated, leaving you in the same status to your biological parents as before the adoption. I don't know if this suggestion would be possible, but it might be worth a try. Adoption, however would be possible and would probably be fairly easy to do.
Re: Regaining custody once a child turns 18
Your biological mother may adopt you.
The fact that you are over 18 years of age makes it easier and less expensive for you to be adopted because your biological mother does not need to go to court for the purpose of having your grandparent's consent rendered unnecessary.
If you, the adoptee, reside in Washington, then the petition may be filed in Washington. Washington law provides, in relevant part:
RCW 26.33.140 Who may adopt or be adopted. (1) Any person may be adopted, regardless of his or her age or residence.(2) Any person who is legally competent and who is eighteen years of age or older may be an adoptive parent.
RCW 26.33.160 Consent to adoption -- When revocable -- Procedure. (1) Except as otherwise provided in RCW 26.33.170, consent to an adoption shall be required of the following if applicable:
(a) The adoptee, if fourteen years of age or older; (b) The parents and any alleged father of an adoptee under eighteen years of age;