Can a Court Terminate My Parental Rights in Illinois?

 Posted on July 25, 2024 in Child Custody

Illinois law takes parental rights very seriously. The state views both parents as essential to the child’s life and development, mother and father in equal measure. By default, both parents have equal rights and responsibilities to the child. Courts do not look kindly on a parent who tries to undermine the parental rights of the other.

However, sometimes a court will terminate the rights of a parent. This is a serious legal procedure that ends a parent’s right to his or her child. Sometimes it is initiated by a parent voluntarily, and sometimes it is involuntary. This article will discuss parental rights termination and when it occurs. Consult an Illinois parental rights attorney with any questions about parental rights or obligations.

What Are Parental Rights?

Parents have a right to physical custody of their child, known in Illinois law as "parenting time." Both parents have an equal right to physical custody by default.

The state also considers it a right for a parent to make major decisions for the child, which the law refers to as "parental responsibilities." Specifically, these involve making decisions about the child’s:

• Health

• Education

• Religious upbringing

Voluntary Termination of Parental Rights

Sometimes, parents want to end their rights to the child voluntarily. This can be for a variety of reasons, one of which might be because the parent cannot or will not meet the responsibilities that come with parental rights, such as child support.

If a parent wants to terminate his or her own parental rights, he or she must:

• Attend counseling to make sure he or she understands the gravity and consequences of parental rights termination

• Petition a court in writing for a termination of parental rights

• Receive approval from the court

A court will only terminate a parent’s rights if a judge feels it is in the child’s best interests. The same is true if parental rights are terminated involuntarily.

Involuntary Termination of Parental Rights

If a parent is "unfit" to raise a child, a court may decide that it is in the child’s best interest to terminate that parent’s rights. The law considers a parent unfit if he or she:

• Commits repeated or extreme abuse of the child

• Abandons the child

• Fails to show any concern or responsibility for the child’s welfare

• Has been convicted of murder or certain murder-related crimes

• Has been convicted of certain types of abuse of any child

• Abused substances or alcohol for at least one year

There are other instances where a court might deem a parent unfit, though this would depend on accusations and available evidence.

Contact a Wheaton, IL Parental Rights Attorney

At A. Traub & Associates, we are acutely aware of the gravity of parental rights termination. Our attorneys have excellent records of successfully defending parental rights and are ready to provide you with first-rate legal representation. Speak with an experienced DuPage County, IL parental rights lawyer by calling 630-426-0196 today.