The termination of parental rights in Arlington Heights, Illinois, can occur on grounds such as voluntary consent to adoption, voluntary surrender of parental rights, a court finding that the parent is unfit, or a court determining that the assumed or named father is not the biological or adoptive father. Another scenario may occur when a judge finds that the child’s conception occurred as a result of sexual abuse or assault. Other grounds for termination are possible, too, but the ones mentioned above are among the most common.
What Are Parental Rights?
Parents typically have legal rights and responsibilities relating to their children, although the specifics vary depending on the jurisdiction. For example, the rights and responsibilities in Illinois may differ from those in New York state. Key aspects of parental rights include custody and visitation, decision-making in medical, religious, and educational areas, financial support, and protection and safety.
When the parents are unmarried, the father may have to use paternity testing or court orders to establish rights. Judges in the Arlington Heights, Illinois, area, take parental rights seriously. Potentially terminating them is a serious matter.
The Grounds for Terminating Parental Rights in Illinois
Judges may agree for parental rights to be terminated if a parent is unfit or voluntarily consents to an adoption. Rights also could be terminated if the alleged father is not actually the father biologically or legally.
A common termination scenario occurs when one parent remarries and the new spouse wants to adopt the child. The other parent could voluntarily give up rights and consent to the adoption or be deemed unfit. Courts are more likely to terminate rights when an unfit parent is involved or another adult is willing to adopt the child.
Examples of unfitness to parent could include repeated substantial neglect or cruelty, lack of interest or concern for the child and the child’s welfare, abandoning the child, criminal convictions for crimes such as murder or sexual assault, constant drug or alcohol abuse, a mental illness that interferes with the ability to carry out parental responsibilities, and a failure to provide shelter, food, or clothing for the child despite having the means to do so.
One parent claiming to be “the better parent” is not necessarily grounds for termination. The other parent must be unfit; courts do not favor granting sole custody to one parent unless they have to do it for safety reasons or other related reasons.
A family law attorney can help with child custody and parental rights termination issues. These matters can get complicated quickly, even in seemingly straightforward situations.
How to Prove a Parent Is Unfit
The court (a family law judge) determines whether a parent is unfit through a hearing. The evidence considered may include documentation that the child is in danger when in the parent’s care or a log of repeated failures to show up for visits, phone calls, and other types of contact. The specifics depend on the alleged reason(s) for unfitness.
The burden to prove unfitness in Arlington Heights, Illinois, is on the parent (or party) wanting to show that the other parent is unfit. The standard of proof is fairly high. For example, if the petitioner parent is arguing unfitness on grounds of lack of interest, he or she might not meet the standard of proof if the other parent has tried to or is trying to cultivate a relationship with the child or is paying child support.
Similarly, if the parent trying to prove unfitness decides to deny visitation to the noncustodial parent and is interfering in the parent-child relationship, the burden of proof may be difficult to meet.
The Steps for Legally Ending Parental Rights
The steps differ depending on if the termination is voluntary or involuntary. The end processes once a judge approves termination tend to be the same, though.
- An order of termination is filed after motions or petitions and a court hearing.
- The parent’s name is removed from the child’s birth certificate.
- Government agencies are notified if they have an interest in the child (for example, Social Security or health care/insurance agencies).
Child support is required to continue in some cases even with parental rights terminated. Parents getting their rights terminated should always verify whether they will have financial obligations afterward.
Voluntary vs. Involuntary Termination of Parental Rights in Arlington Heights, IL
For involuntary termination of parental rights in Illinois, parents who could have their rights cut are served with a notice of the proceedings. If they want to retain their rights, they have the chance to present their case (the reasons why they should keep their rights) before a judge.
The evidence to prove unfitness should be clear and compelling. For instance, if child abandonment by the noncustodial parent in Illinois is the issue at play, the petitioning parent must show how the other parent has abandoned the child with as much proof as possible. Witnesses, record logs, photographs, and more may be necessary. Finally, the judge must agree that termination of parental rights is the path forward and in the best interests of the child.
Voluntary terminations can be by agreement of all parties to start with, or the conversations might be difficult and occur over a number of years. Many parents, even those who are relatively uninvolved, need time to process the fact of potentially giving up their rights.
Once the parent agrees, the steps proceed like this: Parents giving up their rights must be informed of what exactly these rights are and the consequences of giving them up. They cannot be under duress or force when they give their consent voluntarily and in writing. Counseling is required for the court to ensure that the parent understands the repercussions, and the judge agrees that termination is in the best interests of the child.
