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Messages - newtothis

#1
Custody Issues / Termination of Parental Rights
May 30, 2006, 11:19:03 AM
Please read and give any advice you can.

I have several stepdaughters. One died, leaving behind a 2.5 yr old.  Before her death, she and the child had been living in several homeless shelters.  His father (who was not married to my stepdaughter but took the child after her death), dumped the child several months later on my other stepdaughter, who was 18 at the time.  He said he could not care for him, and she would do a better job.  He is on parole from an arson conviction; lives with his mother in a trailer with no heat or electric (from time to time), and had a 17 yr old girlfriend who was pregnant.  Doctors found evidence of scars and some type of "sexual abuse" on this child when he was only 2, no investigation was done of his now-deceased  mother, or the father. But you can agree that this child had a very rough life to that point.

In order to get state services for the boy (mostly health insurance), and to protect him from his father, I assisted my stepdaughter in getting an attorney to help her gain temporary, and later, permanent guardianship of this child. He is now 3, she is now 19.

We have friends who would love to adopt this child.  My stepdaughter has realized that she is not the best parent for her nephew, as she is in college part time and working part time, and has found it to be overwhelming.  These friends are hands down the best parents for the boy; he is currently spending the summer with them, and the bond that is developing is strong.  He is finally in a childcare/preschool and is making friends; they have wanted a child for ages, and would pass any home studies witih flying colors.  This is the best thing that can be imagined for this little boy.

Now, what I need is any experience you have re this:  What will happen, and how long with it take, if the natural father refuses to sign over his parental rights? He never responded to any summons during the guardianship hearings; we are not even sure where he lives anymore.  We want to begin proceedings to have this couple adopt the child; our attorney says that my stepdaughter must begin the proceedings of adoption.  We also know that if the natural father is found, there is a better chance he will relinquish rights if he thinks that my stepdaughter will be the adoptive parent.

Will a judge, after reasonable steps and time, automatically terminate the parent's rights, if he can't be found or doesn't respond?  The judge already assessed him with child support, day care costs, health insurance costs, and these costs are mounting daily; we know my stepdaughter will never see a penny, but if the father can be convinced that any future costs will  cease if he signs over the child, we are hoping he can be convinced.  But what if he isn't?  Frankly, he's too stupid to make this decision himself, but he has a trashy family who might try to convince him to get his son back.  No judge would look at him, and look at where the child is now, and think that it's in his best interest to be returned to the homeless, jobless, ex-con.  

Anyway,  looking for anyone who might know how easy it is to have a natural parent's rights terminated in a case like this.  The state is Illinois.  Thanks!