Termination of Parental Rights in Illinois

 Posted on February 20, 2023 in Family Law

The termination of parental rights is a major decision and should not be taken lightly. In some cases, parental rights are surrendered voluntarily, while in other instances, the court makes the decision that a biological parent is unfit to maintain their parental rights. Typically, termination of these rights can be decided during an adoption or juvenile case. There are multiple ways in which a court may determine if terminating a parent’s rights is in the best interest of the child.

How Does a Court Determine a Parent to be “Unfit”?

Nearly everyone has different parenting styles and beliefs when it comes to raising a child. However, some parents may be neglectful or abusive toward their children. In these cases, a court may determine that they are unfit to continue parenting their child or children and terminate their parental rights. Some of the factors that may contribute to parental rights being terminated include:

• The parent has abandoned the child

• The parent continuously neglects their children

• The parent physically, sexually, or emotionally abuses their children

• The parent was convicted of certain crimes, such as murder or sexual abuse

• The parent is unable to provide food, clothing, or shelter to their children

If a parent whose rights are being threatened wishes to maintain their parental rights, they may provide a counter claim that proves the following:

• The parent has tried to bond with their child

• The parent is paying child support

• The parent is trying to accommodate to their child’s schedule for visits

• The other parent is interfering with their attempt to be in the child’s life

If the court finds a parent unfit for parental rights, the other parent will be granted a greater amount of parenting time, as well as responsibilities.

Contact a Kane Family Law Lawyer

At the The Law Office of Matthew M. Williams, P.C., we know you only want the best for your child. Dealing with a partner who puts your child in dangerous situations or interferes with the child’s overall wellness and happiness is not fair or healthy for either you or the child. Our Aurora family law attorney will work with you to help make sure you receive the protection you and your child deserve. With the child’s best interest in mind and 15 years of legal experience assisting parents with child-related legal issues, our team can provide the guidance you need. Call 630-409-8184 and set up an initial consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000500K1