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Date: 11-15-2024
Case Style:
Hope McMurry-Schoon and Thomas Schoon v. Justin Cox
Case Number: 22-AD-88
Judge: Derek W. Ewanic
Court: Circuit Court, Will County, Illinois
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Joliet, Illinois family law lawyers represented the Plaintiffs and the Defendant in an adoption matter.
G.B.C. was born on March 14, 2020. Respondent is G.B.C.'s father. G.B.C.'s mother consented to her adoption and is no longer a party to this action. In November 2019, respondent was arrested and charged with, among other offenses, aggravated battery of a peace officer (720 ILCS 5/12-3.05(d)(4) (West 2018)) and domestic battery (a Class 4 felony based on his background) (720 ILCS 5/12-3.2(a)(2), (b) (West 2018)), in Will County case No. 21-CF-2149. The victim of the domestic battery was G.B.C.'s mother. Respondent pleaded guilty to those offenses and was serving concurrent three-year prison sentences when G.B.C. was born. Petitioners were appointed as G.B.C.'s guardians in August 2020, and G.B.C. has been in their care ever since.
In October 2022, petitioners filed a verified petition to adopt G.B.C., which they amended days later. In the amended petition, petitioners alleged respondent (1) had a history of drug abuse; (2) had "a long history of criminal offenses"; (3) was recently released from prison and within six months was again incarcerated for armed robbery; (4) was "likely to remain incarcerated for many years"; (5) had failed to provide support for G.B.C. since her birth; and (6) had otherwise failed to maintain involvement in G.B.C.'s life or make substantial efforts toward reunification. The court appointed a guardian ad litem (GAL) for G.B.C.
In March 2024, after respondent's parentage was established[1], the trial court gave petitioners leave to file a "formal petition" to terminate respondent's parental rights. In their petition to terminate, petitioners alleged respondent was unfit on five grounds: (1) he abandoned G.B.C. (750 ILCS 50/1(D)(a) (West 2022)), by (a) failing to maintain a reasonable degree of interest, concern, or responsibility for her welfare (id. § 1(D)(b)), and (b) deserting G.B.C. for more than three months next preceding the adoption petition (id. § 1(D)(c)); (2) he was depraved, in that he had been convicted of three or more felonies with at least one conviction within five years of the petition (id. § 1(D)(i)); (3) he demonstrated habitual drunkenness, in that he had several alcohol offenses and committed his most recent felony while intoxicated (id. § 1(D)(k)); (4) he failed to demonstrate a reasonable degree of interest, concern, or responsibility for G.B.C.'s welfare during the first 30 days after her birth (id. § 1(D)(1)); and (5) he failed to provide G.B.C. with adequate food, clothing, or shelter although he was employed and financially able to do so until his most recent incarceration (id. § 1(D)(o)).
At the hearing on the allegations of unfitness, petitioners called respondent as an adverse witness. As to the allegation of depravity, the trial court took judicial notice of respondent's five felony convictions between 2018 and 2022. We likewise take judicial notice of these matters. See Asher Farm Limited Partnership v. Wolsfeld, 2022 IL App (2d) 220072, ¶¶ 31-32 (taking judicial notice of case information from the circuit court clerk's website).
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McMurry-Schoon v. Cox (In re G.B.C.), 2024 IL App (3d) 240428U, 3-24-0428 (Ill. App. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: