Legal Question in Family Law in Illinois

Custody of None Related Child

I have been caring for a none related child with mild cerebral palsy and is developmently delayed for seven years, he will be 8 years old this year, I love him very much and he calls me mom. I have contact with the mother who does not really care about him she has several other children, and is very pregnant as we speak, the child's father is unknown. I have asked her several times to allow me to adopt him but she refuses. She receives a disability check for him every month and she has never given me one dime toward his care. what are my chances of gaining custody.


Asked on 4/03/03, 2:07 am

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Custody of None Related Child

In general, courts are extremely hesitant to terminate the custody rights of a biological parent.

It will also be difficult to obtain guardianship of the minor unless the parent grants you guardianship or it can be shown that the parent is not willing to "carry out day to day child care decisions concerning the minor."

You would have to have substantial eveidence that the mother does not make these day-to-day decisions regarding her child.

If you have further questions regarding this matter you may call my office at (312) 236-9906.

Very truly yours,

Thaddeus J. Hunt, Esq.

Disclosure: The information contained herein is for informational purposes only and should not be construed as legal advice. Nothing herein should be construed as creating an attorney client relationship.

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Answered on 4/03/03, 11:20 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Custody of None Related Child

I commend you for caring for a child in such a manner. It would definitely be a difficult process if she contests it. You definitely need a lawyer to take you through the process.

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Answered on 4/04/03, 4:32 pm


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