Pursuing Your Parental Rights in Illinois

 Posted on March 07, 2023 in Parental Rights

Under Illinois law, if you are the biological parent of a child but do not have parental rights for that child, you may want to consider filing for the allocation of parental responsibilities. If married to the parent with sole guardianship of the child, you are entitled to parental rights. However, if you are not married to this parent, you will have to obtain parental rights from the court and prove that it would be in the child's best interest for you to have parental rights. A judge will consider many things when deciding whether to allow this. A judge will focus most importantly on what is best for the child but will consider the wishes of both parents as well—considering financial and health benefits or disadvantages, as well as if there is any potential for abuse or violence by granting parental responsibilities.

Requirements for Parental Responsibilities During a Divorce

Seeking parenting during a divorce requires parents to attend a parenting class. This class's primary focus is on teaching parents how to avoid hurting their children during their divorce. Both parents must complete this class within two months after being ordered by a judge. Once accomplished, a judge will make the ultimate decision.

Obtaining Parental Responsibilities

Without a court order, the parent with sole custody has every right to deny parenting time to the other parent. The first step in getting a court order will be to file a petition for the allocation of parental responsibilities with the court. This petition must include basic information about both parents and the child and a detailed description of why they are requesting custodial rights. After filing the petition, they must serve it to the parent with sole guardianship and ask the court for a hearing date. At the hearing, they will present their case for requesting parental responsibilities. If the other parent disagrees, they will share why they believe the other parent is undeserving of custodial rights and parenting time. The judge will ultimately decide the decision.

Contact a Kane Family Lawyer

At the The Law Office of Matthew M. Williams, P.C., we understand how difficult it can be to petition for parental rights. With the help of an experienced Aurora family law attorney, we will ensure that your request goes as smoothly as possible. Contact us at 630-409-8184 and schedule an initial consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5.5