Legal Question in Family Law in Illinois
after DCFS removed my husbands children from their mother because of drugs they were placed into his custody with DCFS retaining guardianship until Oct. when they closed the case and my husband was granted full custody, we are just unsure of what rights the mother actually has?
2 Answers from Attorneys
When a child is removed by DCFS, generally it means the parent has lost their right to be a parent for a duration length of time. Generally the minimum is 5 years. HOWEVER, the wise man checks with DCFS to see what happened and how he/she should respond. Never presume anything, especially if it involves DCFS.
Where was he granted custody? Probably Juvenile Court. Did her ever go to divorce court and get his support stopped? Probably not. He must do that. Where her parental rights terminated? Probably not. She has the right to visit pursuant to a court order and the right to pay child support pursuant to a court order.
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