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Illinois Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How hard would it be for me to adopt my stepson if the bio mom hasn't had any contact in over 5 years?

This includes not paying court ordered child support. We've been together 8 years and married for 3. Do we need her consent?

James G. Ahlberg
James G. Ahlberg answered on Sep 30, 2020

You don't necessarily need her consent based on the facts you set forth, but it will be easier if you have her consent. Either way, you are required to provide her formal notice that you're attempting the adoption.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my daughter's custody back? I gave up my parental rights when she was 1 to my parents. They agreed to annul.

Her biological father was deemed unfit. I have a full time job and financially stable. I do still live at home with them but in the process of finding my own place. The adoption took place 8yrs ago. It was an adoption case.

Tracey A. Hower
Tracey A. Hower answered on Aug 20, 2020

Was it an adoption or guardianship case?

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention...
Read more »

1 Answer | Asked in Adoption and Family Law for Illinois on
Q: How do I stop an adoption in Illinois and they never notified me?

I have 2 children that my mother has guardianship of and the guardianship was filed in Indiana so I petitioned the court to terminate the guardianship. In return my mother goes and gets an attorney in Illinois and filed for adoption of my 2 children. I have not been notified of the adoption in... Read more »

James G. Ahlberg
James G. Ahlberg answered on Mar 3, 2020

You should immediately hire an attorney in the county where the adoption case has been filed. Bring all the paperwork related to the Indiana guardianship with you to the first appointment with the attorney. Explain what's happening and he or she should take it from there.

1 Answer | Asked in Family Law and Adoption for Illinois on
Q: Can I get my parental rights reinstated if I signed them away a few years ago?

I signed my rights away when my daughter was being fostered by my cousin. I had a drinking problem but I’ve been sober for a while now. Can I get my rights back?

James G. Ahlberg
James G. Ahlberg answered on Mar 2, 2020

There is no way to answer this without reviewing the paper you signed at the time.

2 Answers | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Illinois on
Q: How do I terminate a guardianship from Illinois? My daughter's guardians have taken my daughter with no contact.

Her legal guardians have taken my daughter from me, filed an emergency motion in Illinois stating to the Judge that they are deciding who speaks/ sees to her, and that they would deny any contact from both parents. My ex (her father) was released from jail with 2 counts of continuous family... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 6, 2020

Sounds like there was a case pending in Illinois. If there is an order there contact an attorney in that county in that state. Good luck!

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1 Answer | Asked in Family Law and Adoption for Illinois on
Q: My ex wife died. I have full custody of our son I've remarried. How hard would it be for my current wife to adopt my son

He has lived with us for 3 years and has had no contact with his birth mom for over a year

Ray Choudhry
Ray Choudhry answered on Apr 29, 2019

Unless there is something you have not mentioned, this should be a simple process.

1 Answer | Asked in Adoption for Illinois on
Q: Can anyone be adopted at any age? This person is in their 50s.
James G. Ahlberg
James G. Ahlberg answered on Dec 14, 2018

Yes, although the formal consent of the person being adopted is required if they are 14 years of age or older. The written consent must be filed with the court.

1 Answer | Asked in Adoption for Illinois on
Q: Is it possible to open up sealed records in Illinois?
James G. Ahlberg
James G. Ahlberg answered on Nov 23, 2018

It requires a court order to do so. They are rarely granted.

1 Answer | Asked in Adoption for Illinois on
Q: If we adopt, and the birth parents are okay with it, how long until we are the legal parents of the child?
James G. Ahlberg
James G. Ahlberg answered on Nov 10, 2018

That depends entirely on how fast your lawyer gets the paperwork done and how fast your local court system operates. It shouldn't be more than a matter of months unless a problem comes up.

1 Answer | Asked in Adoption for Illinois on
Q: I'm an unwed pregnant woman who is thinking of giving my baby up for adoption.

I'm worried that my hormones aren't making me think straight about it. What happens if I change my mind after I give birth and decide to keep the baby?

James G. Ahlberg
James G. Ahlberg answered on Oct 12, 2018

1. If you sign a consent for adoption BEFORE the child is born, you have 72 hours after the birth of the child to change your mind and revoke your consent to the adoption.

2. AFTER the child is born you cannot sign a consent or surrender for adoption until at least 72 hours have passed....
Read more »

1 Answer | Asked in Adoption for Illinois on
Q: What's the legal difference between child-trafficking and private adoption agencies?
James G. Ahlberg
James G. Ahlberg answered on Sep 25, 2018

Private adoption agencies operate within the law and have the best interest of the child in mind. Child traffickers do not operate within the law and most assuredly do not have the best interest of the child in mind.

1 Answer | Asked in Adoption for Illinois on
Q: What rights do birth fathers have to prevent the birth mom from adopting the baby to another family?
Ray Choudhry
Ray Choudhry answered on Sep 14, 2018

Unless the father consents to the adoption, his rights have to be cut off by proving his unfitness.

This could be abandonment, failure to maintain interest or a whole host of other reasons.

The usual incentive for cooperation is that he won't have to pay child support.

1 Answer | Asked in Adoption for Illinois on
Q: How are adoption fees even "legal" in the United States? You shouldn't be able to buy people.
James G. Ahlberg
James G. Ahlberg answered on Sep 2, 2018

Adoption agencies are not selling children. They are providing a service for which they must recoup their overhead. If they were not able to do this they could not afford to render the service and adoptions would dwindle away.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.

My sons last name was changed in July of last yr. I told the judge only way I would allow it is if his step father adopted my son and asked if I could give up rights n paying child support n the judge just granted name change. I never wanted out of my sons life and was willing to work with them but... Read more »

Ray Choudhry
Ray Choudhry answered on Aug 13, 2018

You can't force her husband to adopt.

So, you are stuck.

But, you can assert your rights to be more involved with your child.

If you stay with it, you will get a court hearing.

1 Answer | Asked in Adoption for Illinois on
Q: Are there laws that require you to be the same ethnicity as the baby you want to adopt in Illinois?
Ray Choudhry
Ray Choudhry answered on Jul 17, 2018

No.

Unless it has to do with American Indians where there may be some special rules.

1 Answer | Asked in Adoption for Illinois on
Q: If I adopted my child overseas, do I have to file to re-adopt them in Illinois?
Jared Giuffre
Jared Giuffre answered on May 2, 2018

I am going to give you the lawyer answer, that depends on what country the adoption was from. But it is always a good idea to “enroll” the adoption here in the US, so you don’t have potential issues in the future attempting to get the adoption paperwork from the other country.

1 Answer | Asked in Adoption for Illinois on
Q: We are adopting my niece do we have to have a lawyer or can we go in front of a judge without a lawyer
James G. Ahlberg
James G. Ahlberg answered on Apr 19, 2018

For the sake of your niece, use a lawyer. Neither you nor she wants to be confronted with a claim the adoption wasn't done properly 3, 5 or 10 years from now, so she must be surrendered by you to be raised by someone else. Every detail must be done right. I repeat, every detail. Hire a lawyer... Read more »

1 Answer | Asked in Adoption and Child Custody for Illinois on
Q: Can we win custody of non relation child we raise over 4 years? mother out of prison and want her back.

Father has custody but we "babysitter" 24/7 for over 4 years now she was 3 and now 7. dont see father much or mother til out of prison and now she has sunday visitation right and now wants full custody. we want full custody of the child can that happen? what should we do? child consider... Read more »

James G. Ahlberg
James G. Ahlberg answered on Apr 9, 2018

You really need to meet with a competent family law attorney as quickly as possible. There are too many "ifs, ands, buts and on the other hands" to give you a good answer without having the chance to ask probing questions to get at the details of what you've written.

1 Answer | Asked in Adoption, Animal / Dog Law, Child Custody and Family Law for Illinois on
Q: Would I be able to get my dog back legally without going to court?

My mom gave my dog away to a coworker. I was the one who adopted him and I was the one who paid for vet visits and his microchipping. He's registered in my name. I never granted the release of my dog to this coworker. After a couple of days the coworker let my mom know that she wanted to give... Read more »

Mrs. Lucinda D. Bugden
Mrs. Lucinda D. Bugden answered on Apr 3, 2018

You have to make a demand for your dog in writing. Write a letter, date it & keep a copy of it. I recommend to use a nice tone in the letter, asking to have the dog returned to you by a date certain. Then if they do not return the dog to you, you can file a small claims lawsuit. You will want... Read more »

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