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Wheaton Contested Adoption Lawyer

DuPage County Law Firm Representing Clients in Adoption Disputes

Winfield Lawyer for Contested Adoptions

In ideal situations, adoptions are uncontested, and after both of a child's birth parents consent to the adoption, the adoptive parents are able to complete the required legal procedures and become the legal parents of their adoptive children. Unfortunately, the process of adoption can sometimes face obstacles, and in any cases where an adoption is contested, the parties involved should be sure to secure the services of a knowledgeable adoption attorney who can help them understand their rights and advocate for their best interests.

Reasons for Contested Adoption

Either of a child's biological parents may decide to contest an adoption for a number of possible reasons, including:

  • A biological father may claim that he was not informed of the child's birth, and thus was unable to establish paternity or terminate parental rights.
  • A biological parent may claim that the adoption is not in the jurisdiction of the court. This can occur in cases when a biological father believes that the Putative Father Registry was not applied correctly.
  • A biological parent may argue that consent forms for the adoption were not valid due to technical mistakes.
  • A biological parent may claim that their consent to the adoption was given under duress, or they may allege that fraud occurred. In these cases, they must be able to provide evidence that they were unlawfully compelled to give consent or that there was a misrepresentation of facts in the consent agreement.
  • A biological parent may try to circumvent an adoption proceeding that is against their wishes in order to place their child with adoptive parents of their choosing. This can occur when a parent who may be found to be unfit seeks to have their child adopted by a relative, allowing them to retain a close relationship with their child.

Contested Adoption Trials

In cases of contested adoption, a trial will consist of two phases:

  • Termination of Parental Rights Hearing - In this proceeding, a judge will decide whether to involuntarily terminate the biological parents' parental rights. In order to do so, evidence that the biological parent is an unfit parent will need to be presented.
  • Best Interest Hearing - After deciding whether to terminate parental rights, the judge will decide whether it is in the child's best interests to be placed in the home of the adoptive parents. When making this determination, a judge will consider factors such as the child's wishes, the mental and physical health of all parties, and the adoptive parents' ages and living arrangements.

Experienced Representation in Contested Adoptions

At Anderson and Associates, P.C., we understand the high stakes and emotions involved in adoption cases. With over 30 years of experience in family law, our skilled attorneys can provide guidance about the steps you can take to protect your rights and the rights of the children involved. Whether you are an adoptive parent who wants to provide a loving home to your children or a biological parent looking to assert your parental rights, we can represent you and advocate for your best interests in court. Contact a Wheaton adoption attorney at 630-653-9400 today to schedule an initial consultation.

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