Terminating Parental Rights in Illinois – A Complex but Sometimes Necessary Process

 Posted on February 05, 2018 in Family Law

Terminating a parent’s rights to their child is not something that occurs regularly, but it is sometimes necessary to ensure the safety and well-being of the child. How, exactly, does one go about doing this? Can it be applied in all situations, or are there only certain scenarios in which a parent’s rights can be terminated? The following answers these questions, and it provides important details on how an experienced family law attorney can assist you with the process, should it be warranted in your case.

Terminating a Parent’s Rights for Stepparent Adoption

Perhaps the best scenario in which a parent’s rights may be terminated is when there is a prospective adopting stepparent who wants to become the child’s legal guardian. Mostly, this is done with the consent of the biological parent. However, there are scenarios in which the family must go through the courts to prove that the biological parent is unfit, unsafe, or otherwise incapable of providing the love and support that the child deserves. In either scenario, the guidance and assistance of an experienced attorney is highly recommended. Note that grandparents, siblings, and other family members may adopt a child if both parents are willing to terminate their parental rights.

Terminating a Parent’s Rights Without an Adoptive Parent

Although parents may have their rights terminated, even in the absence of a stepparent that wants to adopt them, instances are quite rare. That is because the law prefers that children have at least two parents in their lives. Thankfully, it is not impossible to terminate the rights of an unfit parent. It is a complex process, however, and it typically requires an investigation into the biological parent by the state. Junctions are not filed by attorneys; instead, they are filed by the child welfare department. However, parents are still encouraged to seek legal assistance and guidance if they wish to file a complaint against an unfit parent, as these investigations may cause a great deal of stress and trauma for the entire family. (Parents who are facing a DCFS investigation who do not wish to have their rights terminated, and who have no reason for termination, are highly encouraged to seek legal assistance.)

Contact Our DuPage County Family Law Attorneys

In most instances, two parents are better than one, but when one parent is unsafe or unfit, it may be best to pursue a termination of their parental rights. Davi Law Group, LLC can help with the process. Dedicated to your child’s best interest, our DuPage County family law attorneys will fight for the most favorable outcome possible. Call 630-657-5052 to schedule your personalized consultation with us today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapterID=59