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Posted on in Child Custody

DuPage County child custody attorneyIf you share parental responsibilities regarding your child with a former partner who has proven time and again to be inconsistent and unreliable, terminating his or her parental rights may make the most sense to you. However, under Illinois law, unless there is another party willing to step in and adopt the child, parental rights usually will not be terminated at the request of the other parent, unless there are extreme circumstances involved.

What Does Termination of Parental Rights Mean?

When a person’s parental rights are terminated, it means that he or she is no longer legally responsible for a child. When this happens, the terminated parent no longer is required to make child support payments, but he or she also no longer has rights to parenting time or any say in how the child is being raised.

The Illinois Adoption Act (750 ILCS 50) states that the only circumstances in which a parent’s rights can be terminated are when another person is looking to adopt the child, or when a court has found that a parent is unfit. In most cases, the court will agree that a child will best benefit from the care, or at least the financial support, of two parents. However, parental rights may be terminated if a parent is shown to be unfit for one or more reasons, including:

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DuPage County parental responsibilities attorneyWhen married parents get a divorce or unmarried parents are separated, arrangements for child custody will be put in place. A court-approved parenting plan will include decisions regarding parental responsibilities and parenting time. While parenting agreements are meant to protect a parent’s rights as a father or rights as a mother, there are some circumstances where a person’s parental rights may be involuntarily terminated. Illinois has extensive rules and guidelines in place to determine when the termination of parental rights is appropriate.

Involuntary Termination of Parental Rights

Parental rights will only be terminated if it can be proven that a person is unfit as a parent, and remaining in contact with their child or children will not be in the child’s best interests. Some ways a parent might be considered unfit include:

  • Child abandonment

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