In re Adoption of J.S. (Signed Opinion)
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The Supreme Court reversed the order of the circuit court denying C.R.'s motion to modify a provision in final adoption orders prohibiting visitation between her adoptive children and R.R., her former husband, holding that this provision in the final adoption orders was an impermissible restriction on C.R.'s parental rights.
Prior to and during abuse and neglect proceedings, J.S. and K.S. were in the custody of C.R., their biological aunt, and R.R. When it was discovered that R.R. was a user of illicit drugs C.R. filed for divorce and then filed an amended petition seeking to adopt J.S. and K.S. as a single parent. The circuit court granted the adoptions, but the orders provided that C.R. was enjoined and restrained from permitting contact by the children with R.R. C.R. filed a motion to modify the injunction, which the circuit court denied. The Supreme Court reversed, holding that the circuit court's attempt to restrict C.R.'s parental rights denied her due process of law.
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