he is 2 yrs old and i love him to death.. his real father never calls or nothing.... and he said he would take his naming rights off .. how do we go abuot that in the state of IL...
2006-06-27 12:13:49 · 4 answers · asked by Anonymous in Pregnancy & Parenting ➔ Toddler & Preschooler
I don't know about in your specific state - but the general way to do this is that the father has to give up legal custody and parental rights - a lawyer would be able to help with the paperwork. Once that is done and official - you can petition to have legal custody and adopt the kids and give them your name - again, the lawyer can give you the official papers needed
Good luck!
2006-06-27 12:20:14 · answer #1 · answered by pammy_6201 4 · 0⤊ 0⤋
You will have to get an attorney. He will petition the biological father to relinquish paternal rights to the child. When he does so the lawyer will present the signed request and a request to establish you and your wife as parents to the courts. On the day of adoption, your wife's maternal rights and the child will become a ward of the state. The states attorney will have a few questions for you and your wife. If the states attorney has no objections the child will be put under you and your wife's custody as mother and father. If the biological father does not sign, then the attorney can request that the state terminate his paternal right due to lack of proper support or contact (neglect otherwise). I went through this about 5 years ago adopting my daughter. The biological father refused to sign over his rights, but it had been over 3 years since he had made contact. So the courts had no problem terminating his paternal rights.
2006-06-27 12:53:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am an adoptive parent and a step-parent. Here is all I know about step-parent adoption.
State laws on stepparent adoptions vary. Most States have a streamlined process for adoptions by stepparents whereby the judge hearing the adoption petition has the ability to dispense with the requirement in State laws for an adoption home study. Some States, however, will not approve a stepparent adoption unless the custodial parent has been married to the stepparent for 1 year or longer.
When a stepparent wishes to adopt a stepchild, the child's parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the noncustodial parent objects to the proposed adoption and refuses to consent to it, State laws may prevent the adoption from proceeding.
Some State adoption laws specify special circumstances under which the noncustodial parent's consent is not required. Other States have made special provisions in their adoption laws to allow stepparent adoptions to occur, even over the objections of the noncustodial parent, in cases where the noncustodial parent has failed to maintain communication with the child for a specified period of time.
Here's a link to more info about stepparent adoption
http://naic.acf.hhs.gov/pubs/f_step.cfm
Here is a link to search statutes by state for issues related to child adoption so you can look up Illinois. Results will provide summaries of State statutes (and full text of laws, in some cases).
http://naic.acf.hhs.gov/general/legal/statutes/search/index.cfm
2006-07-01 08:07:13 · answer #3 · answered by cstoa10 5 · 0⤊ 0⤋
Go to the courts or arrange with a family lawyer
2006-06-27 12:21:28 · answer #4 · answered by spatz 3 · 0⤊ 0⤋