Legal Question in Family Law in Illinois
Termination of biodad's rights/adoption
I lived in another state and had a child with a man that disappeared right after he found out about the baby on the way. I started dating another man about 6 months after that and he has been ''daddy'' to my daughter ever since. The biodad has been to court one time to determine paternity and was court ordered to pay child support. He has had no interest in the child and has never again been in contact with us but has paid support from time to time. He has never even seen my daughter and said he didn't want to. Anyway, The man I got together with while I was still pregnant is still with us today and we have been living together for 3 years now. He is, and always will be daddy but we would like to make it ''legal''. I have no way of contacting biodad and I am interested in finding out how to go about a termination of rights/adoption process. Do we have to be married in order for biodad to sign his rights over and my boyfriend to adopt her? If so, is there a minimum amount of years we have to be married before this can even be considered? Thanks for the information in advance.
2 Answers from Attorneys
Re: Termination of biodad's rights/adoption
With regard to biodad, you should follow-up on getting the child support owed to you. The attorney general provides child support enforcement services and advice. This may result in back support paid to you, automatic withholding from biodad�s paycheck, obtaining tax refund checks, and, if biodad still doesn�t pay, he can even ahave his driver�s license suspended.
It�s true that biodad�s parental rights can be terminated for non-interest in the child, but that isn�t likely to happen unless and until there is someone to step into his shoes.
Your current boyfriend might be a great guy, but I don�t think a court will approve him to adopt the child if the two of you aren�t married. There is not a minimum number of years you must be married.
Matters concerning children are one of the areas where courts must make an independent determination of what is in the best interests of a child. Agreements between parties regarding children do not have a binding enforceable effect unless and until the court had independently determined that the agreement is in the best interests of the child. Here, you are wondering if there would be a way to reach agreement with your ex regarding adoption. Your ex can sign away his rights, but the court is not necessarily bound to terminate those rights or permit the adoption. It will only do so if it believes it�s in the best interest of the child.
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Re: Termination of biodad's rights/adoption
The answer to your questions will depend on a host of other things that are not mentioned in your statement. More information would be needed to provide you with an accurate answer. Feel free to email me for further inquiry.
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