Legal Question in Family Law in Illinois
Abusive father never held accountable
Two years ago I left my son's father due to abuse & drug use. The father broke into my new home, assaulted me & held a knife to my throat before the cops got there. He was tried for assault, abduction & breaking & entering. He was found guilty of all three but after an apeal the b-e & abduction were dropped. He has since remarried & had another child. His wife left him due to abuse. He is now in jail for abducting & raping his estranged wife. Now my protective order against him has been revoked since the b&e & abduction against me were dropped. I moved out of state for fear of our lives. He has had me in court multiple times to change the custody & child support orders but failed. I would like for him to sign over his rights & he is willing now. Now he is willing to relinquish his rights the judge said it may not be allowed b/c he needs to be held responsible. I can't get my son's name changed until he signs away his rights. Help. What can I do?
1 Answer from Attorneys
Name change
You don't need him to sign away his rights in order to have the child's name changed. In Illinois, under the statute regarding change of name (i.e., 735 ILCS 5/21-101), a child�s name can be changed. Under the law, an order to change a child's name shall not be entered unless the trial court finds by clear and convincing evidence that a change is necessary to serve the child's best interest. In making that determination, the trial court may consider, among other factors, (1) the wishes of the child's parents and custodian; (2) the child's wishes and the reasons therefor; (3) the child's interaction and interrelationship with the parents, custodian, other persons in the familial relationship such as stepparents, siblings, stepsiblings, or any other person who may significantly affect the child's best interests; and (4) the child's adjustment to home, school, and community.
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