[IL] How do I terminate parental rights for the father of my child?
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Since your fiancé wants to adopt, you could start the adoption process and petition the court to terminate the biological father's rights at the same time. You will have to prove grounds which can include: (750 ILCS 50/1)
- Abandoning the child;
- Failing to maintain reasonable interest, concern or responsibility for the child’s welfare;
- Continuous or repeated substantial neglect of the child;
- Extreme or repeated cruelty to the child;
- Physical abuse;
- Failure to protect the child from conditions in his or her environment that are injurious to the child’s welfare;
- Conviction of certain “depraved” crimes, such as murder or sexual assault;
- Habitual drunkenness or drug use;
- Continuous or repeated failure by parent to provide the child with adequate food, clothing, or shelter despite being physically and financially able to do so; or
- Mental impairment or illness that prevents the parent from discharging parental responsibilities.
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How do I file to terminate parental rights of a father in the state of IL?
I understand you're looking to terminate parental rights. Have there been any legal issues or concerns regarding the father's behavior or involvement with the child?
He hasn't had contact with the child since she was 6 months old. He doesn't help financially at all and he always starts fights.
Are you currently working with a family lawyer or seeking legal advice on this matter?
Not currently working with one, looking to hire one, and get advice and possible court case.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with terminating parental rights.
Nope.
Hello, welcome to AskaLawyer! I'm AnastaciaEsq, an attorney on this site. I understand you're having an issue with knowing how to file to terminate a father's rights in Illinois. Is there a custody order in your case?
Please note, there may be delays in my responses, as I conduct research, answer phone calls, and handle other questions. Your question is very important to me, and I appreciate your patience.
No, there's no custody order, but the father hasn't had contact with the child since she was 6 months old. My fiancé has been like a father to her, and she calls him dad.
How old is your daughter? Does your fiancé intend to adopt if you are able to terminate the father's rights?
Please allow me to introduce myself and this site. My name is Anastacia and I'm an attorney on this site, with over 20 years of experience. Your question is very important to me. While the experts on this site aren’t permitted to represent clients (AskaLawyer.com is a legal Q&A site only), we do provide answers and guidance regarding legal issues and questions you may have. Document review may also be available.
18 months, and yes, he wants to adopt her.
But the father won't be willing to sign his rights away.
Since your fiancé wants to adopt, you could start the adoption process and petition the court to terminate the biological father's rights at the same time. You will have to prove grounds which can include: (750 ILCS 50/1)
- Abandoning the child;
- Failing to maintain reasonable interest, concern or responsibility for the child’s welfare;
- Continuous or repeated substantial neglect of the child;
- Extreme or repeated cruelty to the child;
- Physical abuse;
- Failure to protect the child from conditions in his or her environment that are injurious to the child’s welfare;
- Conviction of certain “depraved” crimes, such as murder or sexual assault;
- Habitual drunkenness or drug use;
- Continuous or repeated failure by parent to provide the child with adequate food, clothing, or shelter despite being physically and financially able to do so; or
- Mental impairment or illness that prevents the parent from discharging parental responsibilities.
It's not necessarily required, however, it may be helpful to wait until after you are married to begin this process.
