Legal Question in Family Law in Illinois
Step-parent adoption when natural father lives in another state
I had a child out of wedlock 7 years ago. I was on public assistance and living with the father who was abusive, couldn't keep a job, etc. He hasn't had contact with my son consistently for 5 years. He has since been in jail and been addicted to drugs, and still lives in Illinois. I am now married for 5 years and we would like my husband to adopt my son. We have been granted jurisdiction here in California via our attorney and a judge.The natural father will NOT sign over his parental rights. I have been told we must first terminate parental rights by going to court and having a hearing with us and the natural father present. We have told there is no such thing as terminating parental rights and that we should just apply for step-parent adoption. My question is if we terminate his rights, how easy is it for him to get them back if he ''sees the error of his ways'', and is it wise and possible to do this without an attorney if we have the forms and have our attorney look them over before we file them. (We have been told this will cost 10,000 to 20,000 and are willing to pay if we really need to and our chances are good that we will win) Also what about mediation, does an legal binding agreement come out of that?
Thank you
4 Answers from Attorneys
Re: Step-parent adoption when natural father lives in another state
I have done a few "out of state" step-parent adoptions so I know the situation you are in. Yes you do need to terminate the natural father's rights before your son is able to be adopted. However, the cost you have been quoted seems high. An uncontested step-parent adoption should be inexpensive, the cost should only go up if it becomes contested, and depending on the facts even a contested step-parent adoption usually does not reach the $20k mark, unless there are facts that warrant such a price which I would be unaware of. In any event, if you would like to discuss the matter in greater detail please feel free to give me a call, I would be happy to discuss it with you.
Michael Burt
(213)384-2220
Termination of parental rights of a disinterested natural father.
You are correct that the natural father�s parental rights must be terminated before the child can be adopted by his step-father. There are many grounds in Illinois for termination of rights, too many to detail here. It is enough that there has been a �Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare.�
If the father�s parental rights are terminated after notice to him of the proceedings, he has thirty days to move the court to reconsider or set aside the judgment of termination. After that, it would be very very very hard for the father to set aside the termination of rights. Very hard.
There is no reason that an adoption by a step-parent [including the termination of parental rights of a disinterested parent] should cost anywhere near what you suggest, unless there�s something peculiar with your case. See a lawyer. Get a fee prediction based on the facts of your particular case.
Mediation is nice, and sometimes effective, but only a court can terminate parental rights or grant adoptions.
I recommend you move forward. Adoption is a good thing. It�s a blessing to the family. Most times, the adoption ultimately becomes uncontested. Don�t be surprised if this miserly-selfish father caves in (or fails to file an appearance) because for him 1) it�s too much trouble; 2) it could cost him money to retain a lawyer to fight you; and 3) his child support obligation will continue if he prevents the adoption. [And on the last point, if the disinterested father prevents the adoption, make certain you push to get all the child support you can.
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Re: Step-parent adoption when natural father lives in another state
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Termination of parental rights and step parent adoption is NOT a do-it-yourself project. Contact an experienced Family Law attorney in the county were you live for specific advise and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: Step-parent adoption when natural father lives in another state
You need to have the biological father's rights terminated before you can complete a step parent adoption. Once this is done, and the appeal period has expired, the biological father has no rights.
Regards,
Brian Levy, Esq.
http://www.calattorney.net
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