Full question:
I have had Joint Managing Conservators over my nephew since 2008. He lived in Tx and I have always lived in Illinois. My brother has not talked to him for over a yr has not seen him in 3 yrs. His mother calls in maybe every 6 months has not seen him in 3 yrs they are divorced now. My brother has got married and the mother is in a relationship with a guy. My husband and I would like to adopt him with all this going on with the dad and mom. I think this is the child's best interest for him. He was 3 and is now 6 and doing very well. The yr before the child came to live with us his grandma had temporary sole managing conservator for a one half yr. And before that he had been placed in foster care. I need to know were to start. Some say I need to change the jurisdiction to Illinois. I just want to make him safe. As you can see they have not raised him thru most of his life either foster care or grandma has had him then I have had him for last 3 yrs (I know it sounds bad using child but I don't want to use names). Oh they both signed the the court reports for us to have him.
- Category: Adoption
- Date:
- State: Illinois
Answer:
The ability to adopt your nephew depends on whether his parents will voluntarily consent to the adoption. It’s advisable to consult a local adoption attorney who can evaluate your specific situation and documents.
Jurisdiction for adoption typically lies where the child resides. If a parent has not been involved in the child's life, the court may terminate their parental rights due to abandonment, which is often defined as no contact for at least one year. Parental rights can be terminated either voluntarily or through a court ruling if it’s proven that the parent has endangered the child's well-being.
Once parental rights are terminated, that parent loses all rights to custody, visitation, and support obligations. However, past due support may still be owed. In Illinois, consents for adoption are generally required from both biological parents unless the court finds one to be unfit (750 ILCS 50/8).
To begin the adoption process, gather documentation and seek legal advice to ensure the best outcome for your nephew.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.