In re Adoption of N.M.G.

2026 IL App (2d) 250415-U
CourtAppellate Court of Illinois
DecidedFebruary 3, 2026
Docket2-25-0415
StatusUnpublished

This text of 2026 IL App (2d) 250415-U (In re Adoption of N.M.G.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption of N.M.G., 2026 IL App (2d) 250415-U (Ill. Ct. App. 2026).

Opinion

2026 IL App (2d) 250415-U No. 2-25-0415 Order filed February 3, 2026

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

In re Adoption of N.M.G, a Minor (A.G., Petitioner-Appellee v. K.R., Respondent-Appellant.)

Appeal from the Circuit Court of Kane County. Honorable M. Lark Cowart, Judge, Presiding. No. 24-AD-003

JUSTICE SCHOSTOK delivered the judgment of the court. Justices Hutchinson and Jorgensen concurred in the judgment.

ORDER

¶1 Held: Appellate counsel’s motion to withdraw is granted because there are no issues of arguable merit to be raised on appeal regarding the termination of respondent’s parental rights.

¶2 Respondent, K.R., appeals from the trial court’s order finding him unfit to parent his child,

N.M.G. (born April 21, 2021), and terminating his parental rights. His appellate counsel has

moved to withdraw under Anders v. California, 386 U.S. 738 (1967), stating that he has read the

record and concluded there exist no issues of arguable merit to be raised on appeal. See In re S.M.,

314 Ill. App. 3d 682, 685 (2000) (holding that Anders applies to cases involving termination of

parental rights). Counsel has supported his motion with a memorandum of law providing a

statement of facts, potential issues, and argument as to why those issues lack arguable merit. See In re Alexa J., 345 Ill. App. 3d 985, 988 (2003) (further holding that “counsel must identify at least

one potentially justiciable issue in a motion to withdraw under Anders”). Counsel served

respondent with a copy of the motion and memorandum. We advised respondent that he had 30

days to respond to counsel’s motion. That time has passed, and no response was filed. We

conclude that this appeal lacks arguable merit based on the reasons set forth in counsel’s

memorandum. Therefore, we grant counsel’s motion and affirm the trial court’s judgment.

¶3 I. BACKGROUND

¶4 On January 11, 2024, petitioner, A.G., filed a verified petition seeking to adopt the minor,

N.M.G.. See 750 ILCS 50/5 (West 2022). As is relevant here, the petition alleged that A.G., the

minor’s maternal aunt, had exercised exclusive care and physical custody of the minor since

September 2023, and that the minor’s mother, M.M.G., intended to consent to the adoption. The

petitioner further alleged that grounds existed to terminate K.R.’s parental rights based on his

failure to maintain a reasonable degree of interest, concern, or responsibility for the minor (id. §

1(D)(b)) or, alternatively, based on depravity (id. § 1(D)(i)). A.G. requested a judgment permitting

her to adopt the minor. The trial court subsequently granted A.G. temporary custody and appointed

a guardian ad litem (GAL) to investigate the minor’s best interests.

¶5 On July 31, 2025, the trial court held a fitness hearing on the adoption petition. At the

outset, the parties stipulated that K.R. would not be found unfit based on depravity (id.) and that

he had not failed to maintain a reasonable degree of interest or concern for the minor’s welfare (id.

§ 1(D)(b)). The parties further stipulated that K.R. was incarcerated at a federal prison in Texas,

Beaumont Low (Beaumont), and that his anticipated release date was in August 2028, absent any

grant of clemency or commutation.

-2- ¶6 A.G. testified that she lived in Richland, Missouri, and began exclusively caring for and

providing for the minor’s needs in September 2023, when her sister decided to place the minor for

adoption. Since that time, K.R. had not provided any financial support or sent clothes, food, or

toys for the minor. According to A.G., K.R. never sent letters or emails, sought updates regarding

the minor’s well-being, or otherwise attempted to contact her. In June 2024, A.G. was contacted

by K.R.’s fiancée, Kelly Banner, who sought to facilitate contact between the minor and K.R.’s

family. A.G. told Banner not to contact her again because she did not believe it was safe to

communicate by email with a stranger regarding contact with the minor. A.G. testified that she

had met K.R.’s mother once or twice, but the minor had never had contact with her. Neither K.R.

nor any of his family members attempted to establish contact with the minor. A.G. further testified

that she did not initiate contact with K.R. because he was incarcerated and, based on his criminal

history, she did not believe contact would be appropriate.

¶7 M.M.G. testified that K.R. never provided financial support directly for the minor. While

they were dating, K.R. provided her with some financial assistance, including funds for video visits

with him while he was incarcerated, childcare, and to recover her repossessed vehicle. She

estimated that she received between $5,000 and $10,000 during that time, but testified that the

funds were primarily for her personal expenses rather than for the minor. The money was sent by

Venmo from K.R.’s mother, who held power of attorney over K.R.’s finances due to his

incarceration. M.M.G. further testified that K.R. sent some winter clothing for the minor in 2021

but had not provided any items or financial support for the minor since her relationship with K.R.

ended, which occurred prior to September 2022. She testified that K.R. was incarcerated in

January 2021 and the minor was born in April 2021.

-3- ¶8 M.M.G. further testified that after the minor’s birth, K.R. participated in video calls with

the minor approximately once or twice a week, but that this contact ended prior to September 2023.

She testified that most of the calls with K.R. occurred late at night when the minor was asleep and

that K.R. spent only brief periods interacting with the minor. According to M.M.G., the majority

of the calls were intended to maintain her relationship with K.R. rather than to facilitate a

relationship between K.R. and the minor. She testified that K.R.’s sporadic contact with the minor

ceased when the minor was about two years old. In August 2023, before the minor began living

with A.G., M.M.G. and her father spoke with K.R. and informed him of the decision to allow A.G.

to adopt and raise the minor. M.M.G. testified that during the call, K.R. stated he was willing to

give up his parental rights, but a couple days later he stated that he was planning to contest the

adoption. M.M.G. last spoke with K.R. in October 2024, when he stated that he wanted to be

involved in the minor’s life and requested pictures of the minor.

¶9 Philip Lengle testified that he was appointed GAL to conduct a best-interest investigation

for the minor. He interviewed the minor’s biological parents; A.G.; K.R.’s girlfriend, Kelly

Banner; M.M.G.’s parents; and Lee West, a representative of Beaumont. He also reviewed

documents provided by the parties, including records concerning K.R.’s criminal history and

financial support provided to the minor. Based on the documents reviewed, K.R. paid M.M.G.

$5,756 for video calls during his incarceration and about $5,259 for rent between February and

June 2021. An additional $1,848 paid for car expenses in June 2021, along with various utility

payments, as K.R. and M.M.G. had been living together before he went to prison. Lengle testified

that K.R.

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2026 IL App (2d) 250415-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-nmg-illappct-2026.