Nationally Acclaimed Since 1981
in Divorce and Family Law Matters

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- ADOPTION -


            The Law Firm of Wendy R. Morgan provides representation when parties seek to adopt a child or children.  After a child is born out of wedlock or after a divorce and remarriage, people ask about the right to have their new spouse adopt their child or children.  When an individual marries or remarries and their new spouse is interested in adopting a child from a former marriage or relationship these are generally referred to as related adoptions because one of the petitioning parents is related to the child by blood.
Adoptions may be contested or uncontested.  An uncontested adoption is one where the written consent is provided by the other parent who is the natural mother or father.  In an uncontested adoption the natural mother and father must voluntarily consent in writing to the adoption.  A Guardian Ad Litem is thereafter appointed by the Court once the Petition for Adoption is filed.  The Guardian Ad Litem will thereafter review the matter and determine the best interests of the child.
            In the event the adoption is contested, the natural parent must be served with notice of the proceeding and will be provided an opportunity to object and respond.  If the natural parent does not agree to the adoption, then, after the Guardian Ad Litem is appointed and after sufficient discovery is obtained, the Court will then conduct a contested trial, which incorporates a 2 step process. 
First, the Court must determine whether the natural parent is fit or unfit.  Fitness is determined by the natural parent’s relationship to the child and contribution towards the support of the child.  If the natural parent has failed to maintain any relationship with the child for a period of 2 years or more through no fault of the natural parent, and/or the natural parent has failed to contribute to the support of the child for the same length of time or more, then it is likely that the Court will determine the natural parent to be unfit.  These cases must be determined on a factual basis case by case.  If the Court determines the natural parent to be unfit, then the next phase is the Court has to determine the best interest of the child.  The Guardian Ad Litem will assist the Court in this phase as well.  Once the Court has made a determination that is in the best interest of the child for the proposed adoption, the Court will approve the adoption.

            If adoption is not a workable solution, a Court Order Guardianship may be a viable alternative to provide legal responsibility both for the person and for the estate of a child or children, or disabled adults or incompetent adults.
The Law Firm of Wendy R. Morgan has been assisting parties with these issues for over 28 years.  The substantial knowledge and skills of The Law Firm of Wendy R. Morgan in strengthening family bonds both through adoptions, as well as proper legal guardianships is well known both in our State and in the Country.


Call 24/7
Locally - 847-259-5700
or
Toll Free - 1(800) WR MORGAN / 1(800) 976-6742

for more information

- Office Hours 8:30 am to 5:30 pm CST -

- Evening Appointments Available -

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