In re Marriage of Mancine

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 111138
Decision Date: 
March 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
PUCINSKI
Holding: 
Affirmed.
In divorce proceedings, husband sought custody of minor child who had been adopted by wife only, but not by him. Court properly found husband lacked standing to seek custody. Equitable adoption is a concept in probate to determine inheritance and has no application in context of adoption, divorce, or parentage proceedings. To recognize husband as having "equitably adopted" child would violate wife's constitutional right to raise her children. Equitable estoppel is inapplicable, as husband was aware that he was not the biological father and that formal adoption was necessary. (FITZGERALD SMITH, concurring; MASON, specially concurring.)