Legal Question in Family Law in Illinois

Biological father's rights over adoptive mother.

My husband and his ex-wife have been divorced for 3yrs now. His son (14yr) wants to come and live with us, but his mother refuses. His mother is not his biological mother (real mother died when he was 1yr)but adopted him when he was young. Does my husband have any legal rights over his ex-wife (and adoptive mother) that can grant him his son back. They have joint custody with child living with mother. Any help would be appreciated.


Asked on 8/29/03, 8:32 am

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Biological father's rights over adoptive mother.

Just because she adopted him does not give her less rights - that is the point of adoption. The courts look to the best interests of the child in determining who gets custody. If you wish to amend a custody order, you must go back into court.

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Answered on 8/29/03, 10:22 am


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