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Grandparents rights Illinois

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  • Grandparents rights Illinois

    OK here it is! ! !
    The bio of my now wife child whom I am rasing as my own child. Has not and does not want anything to do with the child never seen him and he will be a year old on Sunday.

    Now his parents are looking to see the child and want to have them in their lives "we do not care what Their son" wants we want him to be part of our lives. My wife and I are thinking about it, but what I need to know is do they have any kind of rights to see him because they are the grandparents?

  • #2
    Originally posted by Fingers3057 View Post
    OK here it is! ! !
    The bio of my now wife child whom I am rasing as my own child. Has not and does not want anything to do with the child never seen him and he will be a year old on Sunday.

    Now his parents are looking to see the child and want to have them in their lives "we do not care what Their son" wants we want him to be part of our lives. My wife and I are thinking about it, but what I need to know is do they have any kind of rights to see him because they are the grandparents?
    The grandparents do not have any rights in this scenerio.

    However, and listen to this closely... The biological father DOES have rights.

    What you are describing is nearly identical to my case, inlcluding being in Illinois. My son's biological father disappered for quite some time (a year and a half). At that time, his PARENTS wanted to see the child. They had NO standing to petition for visitation, but HE did, and eventually, they talked him into filing.

    He filed, and he now has regular visitaiton and pays support.

    What I am telling you is, if, at any time, bio-dad changes his mind (whether he does it himslef or his parents somehow convince him to do so), he will get visitaiton. So why delay?

    Your wife should file a petition to determine paternity (if he is not already the legal father as decided BY A COURT, unless they were married at the time, in which case he is already the legal father) and file for child support. If dad so chooses, he can file for visitation. If dad does not want this, he may be willing to terminate his rights and you can petition for a step-parent adoption.

    Take care of this all NOW. Then, there will be no questions in the future.

    Comment


    • #3
      The father isn't on the birth certificate and they were never married. How do we go about getting his rights terminated? He may be up to doing that otherwise his plan is to come back in 4-5 years.

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      • #4
        Originally posted by Fingers3057 View Post
        The father isn't on the birth certificate and they were never married. How do we go about getting his rights terminated? He may be up to doing that otherwise his plan is to come back in 4-5 years.
        Come back in 4-5 years for what? You cannot just have his rights terminated. They first need to be established. Then HE can take steps to terminate his rights IF you are a candidate for step-parent adoption. You need to speak to a lawyer to see if this is an option for you.

        Your wife needs to be proactive and take steps to have him determinded to be the LEGAL father of this child. She can also request child support if she chooses.

        1 of 2 things will happen here: 1, he will be interested in terminating his rights and you may be able to adopt, or 2, he will decide to be a part of his child's life. Neither of these are in your control, only his. Neither you or your wife can make this decision happen.

        But, if your wife does nothing, then he can come back at any time, next year, 5 years from now, ten years from now, and request a determination of parentage and visitation. And he'll get it. This is his right.

        You and your wife need to speak to a family attorney about establishing legal paternity, and the possibility of step parent adoption.

        Comment

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