Attorneys for the adoptive parents of the boy known as Baby Richard swiftly rejected a demand by the biological father for immediate custody of the 4-year-old boy.
As a result, the attorney for biological father Otakar Kirchner said he would ask the Illinois Supreme Court on Monday to hold the adoptive parents in contempt of court.The state's high court granted Kirchner custody in January of the son he has never met. Papers were served on April 7 to the adoptive parents, known in court papers as Jane and John Doe.
On Friday, Kirchner demanded immediate custody.
"All we have received from you are ill-considered and bad-faith demands which you and your clients surely know are not in the best interests of Baby Richard," Jerold Solovy, an attorney for the Does, replied in a letter.
Kirchner's attorney, Loren Heinemann, said Friday that he knew the adoptive parents were not likely to turn over the child.
They could be fined, jailed or both if they are held in contempt.
Kirchner was estranged from the boy's mother at the time of the birth in March 1991. She put the baby up for adoption, and Kirchner was led to believe the child was dead.
He began pursuing custody a few months later when he learned otherwise; he and the child's mother reconciled and are now married.
The U.S. Supreme Court has already refused to consider the Does' case twice; a third motion was filed with the court earlier this month.
Kirchner had said he would work with the Does and psychologists to work out a gradual transfer of custody, to ease the stress upon the child. But talks between the two sides broke down.