Divorce cases deal with the dissolution of a family unit, but adoptions and guardianships deal with the creation of new family or family-like units.
There are few areas where attorneys can affect families in a deeper way than in the area of adoption law. In an adoption, the legal relationship between biological parent and child is severed, and the legal relationship between adoptive parent and child is created. The relationship between parent and child enjoys deep constitutional protections, and therefore, the requirements of adoption law are stringent. While most cases involve uncontested proceedings, contested adoption cases are not unheard of and require skilled and experienced representation to successfully navigate.
Attorney Saleem B. Mamdani has represented clients in both contested and uncontested adoption matters. In addition, Saleem is a member of the Illinois Department of Children and Family Services Adoption Attorney Panel. That means that he has been investigated by the State of Illinois and found to be qualified to represent foster parents who are adopting children from the child protection system. For eligible cases, Saleem can represent adopting parents, assisting them in reviewing and entering into adoption subsidy agreements with the State of Illinois, and then completing their adoption case, all at no cost to the adopting parents. For more information about subsidized adoptions, click here.
Contested adoption cases proceed much like any other contested family law case. They start with an information gathering process called discovery. Through this process, evidence is gathered to help to prove the two essential elements of an adoption case: the consent or unfitness of biological parents, and the best interests of the child supporting the granting of the adoption judgment. After the discovery process is completed, your adoption case will be set for a trial. In order to protect the constitutional rights of biological parents, adoption trials take place in two phases. First, assuming that there is a parent that is not consenting to the adoption, that nonconsenting parent must be found by the court to be unfit. Only after the court finds the biological parent to be unfit does it even consider what might be in the child's best interest. If the unfitness finding is made, and the court further finds that the child's best interests are served by granting the adoption, the judgment is entered and the adoption is complete.
Guardianships establish family-like relationships. Increasingly, more families are needing to establish formal authority for third-parties, often grandparents, to step into a parenting role for children. A formal guardianship provides that authority. In order to create a guardianship, a court has to find that a child's biological parents either have agreed to create the guardianship, or that they lack the ability to make and carry out day-to-day childcare decisions. Once a court has decided that a guardianship might be necessary, it determines whom to appoint in the best interests of the children. Once a guardianship is formed, the guardian is responsible for making all decisions relating to the child, and has the responsibility to report to the Court about how the child is doing until he or she is an adult. Contact us online or by calling 217-641-2807.