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Step Parent adoption Illinois

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  • Step Parent adoption Illinois

    ..........
    Last edited by lolalaloca13; 06-25-2011, 10:55 PM.

  • #2
    where is the father? is he the LEGAL father? does he have any court ordered rights, support etc? how old is the child?

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    • #3
      Originally posted by lolalaloca13 View Post
      My boyfriend and I are planning on getting married this spring and we would like for him to adopt my daughter.

      How long must one be married in Illinois for a step parent adoption?

      If it's relevant, he has lived with us and had the role of her father since while I was still pregnant.
      Must be narried at least 1 year.
      Must gain legal father's permission for adoption.
      Not a legal must, but a legal need: Hire an attorney to make sure everything is done correctly.

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      • #4
        ..........
        Last edited by lolalaloca13; 06-25-2011, 10:55 PM.

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        • #5
          the yr mark is pretty standard in most states and some states are longer than that. The judge has to feel the marriage is stable and will last and that the "honeymoon" phase is over.

          The fact that he is paying cs (regardless of who is collecting it) is considered contact and therefore you cannot claim abandonment.

          The fact that he has no court ordered rights also means you can't claim abandonment. He cannot have the opportunity to not excercise his rights if he has none.

          He will need to have visitation rights court ordered and then NOT use them and have no contact for a period of time (different in every state, but a cpl years is standard). This means no CS, no calls, cards, emails, etc.

          Once these things have been met, you can TRY to have his rights involuntarily terminated, but expect the judge will give him chances to make it right before terminating if he fights it.

          In our case, mom pd no CS for 10 years, no contact of any kind for 2 years, only 5 visits in the 8 years before that and had 2 other children removed from her custody for abuse by CPS. The judge is still giving her more chances. She isn't using them, so I think she will eventually get terminated but probably only after a cpl years of fighting her and A LOT of money.

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          • #6
            Now that involuntary termination of parental rights has been covered (nods to milspec )...

            What are the odds that Dad would be willing to VOLUNTARILY consent to TPR and step adoption? Have you asked him about this? That's much easier. Keep in mind, you still can't TPR and adopt until the other legal requirements (length of marriage, stability of living environment, etc.) are met.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

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            • #7
              some ppl will be more willing to this if they realize that cs will stop. now any arrears can be forgiven by you also UNLESS you have collected any kind of state aid and then the state will still go after the other parent for cs up until the termination takes place.
              if you think he may go for the adoption once you have been married a yr, home study is completed, etc. you might mention that he would be off the hook for CS too and see if he's agreeable.

              Comment


              • #8
                ..........
                Last edited by lolalaloca13; 06-25-2011, 10:57 PM.

                Comment


                • #9
                  Then you are in a much better position. When it is time, as long as he isn't resistant, then you won't have to worry about a suit to terminate his parental rights. (note...you will still want an atty to handle this for you. It's really not a DIY project. It is well worth the money.)

                  Okay, any back support owed will still have to be paid. However, any responsibility for support once TPR/adoption are finalized will cease to exist.

                  A home study is done to reassure the court that the home and living environment is acceptable for the child.

                  I'm not sure about whether or not state insurance for a child is considered a form of state aid. I will let someone more well versed in Illinois information answer that question.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    oh, you are much better off then, you just have to wait the time frame and it should be pretty simple. You will still want an atty involved just to make sure there are no loopholes.

                    as for cs- you can forgive all arrears AFTER the state has collected their money back.
                    State insurance shouldn't count UNLESS he is ordered to provide ins in the support decree and then the state may count that money too.

                    home study/stability of environment. All adoptive parents have to have a home study type of thing done (even stepparent) in most states. This assures the judge that he is not allowing someone to adopt that cannot care for the child properly. Normally CPS can do one of these and it shouldn't be too bad in a step adoption. The important thing is that the judge needs to know that even if something happened to you or your marriage, the adoptive parent would be willing and able to step up to the plate and still be a parent to the child.

                    You have no idea how many ppl we see here wanting to "unadopt" their spouse's biological child when the marriage went bad

                    Comment


                    • #11
                      Originally posted by mommyof4 View Post

                      I'm not sure about whether or not state insurance for a child is considered a form of state aid. I will let someone more well versed in Illinois information answer that question.


                      In TN, they wouldn't hold it for state ins cause the cp was actually ordered to provide the ins. they would have if the ncp was the one ordered to provide it. now that is just TN, but it at least gives an idea

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                      • #12
                        .............
                        Last edited by lolalaloca13; 06-25-2011, 10:58 PM.

                        Comment


                        • #13
                          Originally posted by lolalaloca13 View Post
                          Ok. Thanks. Which type of lawyers usually handle cases like this? Family law/divorce?

                          Also, would we have to wait until it has passed a year to get the case started or is it just not finalized until a year has passed? Just asking since court takes a long time anyway.
                          Look for an atty who specializes in adoption.

                          You could get all of the paperwork ready ahead of time and then file once the 1 year mark is up.
                          HOOK 'EM HORNS!!!
                          How do you catch a very rare rabbit?
                          (unique up on him)
                          How do catch an ordinary rabbit?
                          (same way)

                          Comment


                          • #14
                            yep- look for an adoption atty. go ahead and get all the papers ready and have them file on the 1 yr mark.
                            in the meantime, if you are actually recieving any CS - you may just want to put it into an acct. that way, when the time comes, IF dad balks, you can just casually mention that you have all that cs to return to him.

                            Comment


                            • #15
                              ...............
                              Last edited by lolalaloca13; 06-25-2011, 10:58 PM.

                              Comment

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