Parental Rights Lawyer for Voluntary and Involuntary Termination of Parental Rights

Termination of parental rights frequently arises in adoption cases in which a biological parent has remarried, and the new spouse would like to adopt the child. Under these circumstances, the biological parent seeking the adoption must prove that the other parent is unfit based on one of the grounds discussed below, or the biological parent must relinquish their parental rights.

Conversely, if a step-parent is unwilling to adopt a child, the state of Illinois may initiate a juvenile case to terminate the rights of a neglectful or abusive parent based on unfitness. However, it is critical to note that this type of case cannot be initiated by the other parent.

Under Illinois Law, a parent can be determined to be unfit on any one or more of the following grounds:

• Intentional abandonment of a child;
• Failure to maintain interest or responsibility as to a child’s welfare;
• Desertion of a child for more than three months;
• Substantial neglect (if continuous or repeated);
• Extreme or repeated cruelty to a child;
• Physical abuse;
• Conviction of certain crimes, such as murder or sexual assault;
• Habitual substance abuse;
• Failure to protect a child from environmental conditions that are injurious to a child’s welfare; or
• Mental impairment or illness that impedes an individual from discharging parental responsibilities.[1]

In an unfitness hearing, the burden of proof lies with the party seeking to show that the parent is unfit. To prevail, such party must provide clear and convincing evidence of unfitness.

[1] 750 ILCS 50/1.

If a parent objects to a petition for termination of parental rights, they have the opportunity to provide evidence demonstrating they have taken an interest in their child’s life.  A parent whom an unfitness claim is being made is entitled to counter a claim of lack or reasonable interest or abandonment by providing proof that he or she has:

• attempted to foster a relationship with the child,
• been paying child support;
• attempted to visit and/or correspond with the child; or
• been unable to maintain an interest in the child due to interference from the other parent.