Legal Question in Family Law in Illinois

Stepfather wants to ''divorce'' adopted child

My friend is going through a divorce. She has just learned that her husband, who adopted her child 9 years ago (the child is now 11), is seeking to ''un-adopt'' the child, in an effort to absolve himself from paying child support.

The child's birth father gave up all rights when the adoption occured, and the stepfather's name is now on the child's birth certificate as ''father.''

I think it would be obvious to any judge that the stepfather is doing this to try to get out of financial responsibility, but does he have ANY leg to stand on? Is it possible to ''un-adopt'' a child when one divorces his mother?

This is in the state of Illinois, by the way.

Thank you.


Asked on 6/15/06, 1:19 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Stepfather wants to ''divorce'' adopted child

The stepfather does not understand what he did when he adopted your child. Legally he is the child's father and can not avoid his parental obligation to the child because it is inconvenient for him. He is stuck with his parental obligation until the child is deemed to be emancipated, independent financially.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/15/06, 1:32 pm


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