Family Law

Last November, I adopted a DCFS child (17 years old, in the…

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Last November, I adopted a...
Last November, I adopted a DCFS child (17 years old, in the system for 10 years, 23 foster homes, 3 residential). Since adoption, he had 3 car accidents and 2 arrests. The most recent one turned into a legal nightmare in a juvenile court.
DCFS will stop assistance on his 18th... Read full answer
Last November, I adopted a DCFS child (17 years old, in the system for 10 years, 23 foster homes, 3 residential). Since adoption, he had 3 car accidents and 2 arrests. The most recent one turned into a legal nightmare in a juvenile court.
DCFS will stop assistance on his 18th Birthday next month. He will be considered an adult and they won't have anything to do with him. DCFS post adoption services don't return my calls.
Probation is telling me that I will be legally responsible for the boy for the length of his probation because he will still be considered a juvenile, until his 21 Birthday. I have to provide him with food, shelter, insurance, transportation, etc.
I will not be able to do it because of financial and medical reasons. Can I tell him to leave my house after he turns 18 or is Probation right by saying that I will continue to be legally responsible for him, possibly for another 2-3 years?
Thanks!
Lydia Kvinta
Submitted: 9 years ago.Category: Family Law
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Answered in 20 hours by:
5/27/2010
Family Lawyer: Cowgirl Lawyer, Lawyer replied 9 years ago
Cowgirl Lawyer
Category: Family Law
Satisfied Customers: 1,422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
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Hello!

In general, in Illinois, a parent is legally responsible for supporting his or her child (including an adopted child) until that child turns 18. There are exceptions to this rule, in that a parent can be held responsible for a special needs child into that child's adulthood. See Strom v. Strom, 13 Ill. App. 2d 354, 142 N.E.2d 172 (1957) for an Illinois case supporting the proposition that a parent must support an adult disabled child. Therefore, it would be possible for a court in Illinois to order that you continue to be responsible for your child after the age of 18. Unless a court orders this, however, you are not required to support the child after the age of 18.

Now, if no court orders you to support your son, and if you have your son evicted from your home, he could be in violation of his probation. And that violation could mean that he is incarcerated. That does not mean that you are legally required to support him, but it could mean that there are legal consequences to him if you do not.

I will be happy to clarify my answer if you need me to do so.

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IMPORTANT: I am not your attorney, and we do not have an attorney-client relationship. I am not responsible for your legal rights. My function here is to provide education to the public so that people can understand the law. If you accept my answer, you are accepting educational information. Please remember that this is a public forum. Anything you discuss here is not protected by attorney-client privilege. Do not take any action or fail to take action based upon our discussion here. I am an experienced attorney licensed in Illinois, but I do not hold myself out as an "expert" in any area of law (Illinois does not recognize such attorney specializations). Any representation to the contrary by JustAnswer is in error. You should consult with an attorney in your area for specific advice relevant to your situation.









Edited by Cowgirl Lawyer on 5/27/2010 at 8:05 PM EST
Cowgirl Lawyer
Category: Family Law
Satisfied Customers: 1,422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
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