Legal Question in Family Law in Illinois
Can father terminate parental rights?
A male friend is presumably (paternity hasn't been done)the father of a baby to be born in 2 months. He and the mother split about 2 months into the pregnancy. She wants to take the baby and move to another state, once it's born, and right now says she wants nothing from him. It has already been determined he will not be a part of this baby's life and he has accepted that. I advised him to get it in writing, but is it actually possible for a father to give up rights and responsibilities to a child, with approval from the mother, and have no legal recourse later in life if her situation changes(i.e.- she goes on public aid and now wants financial support)? She wants sole custody and responsibility for this child, and there is no other guy in the picture to adopt. Can one parent take full responsibility for a child without the ability to change her mind later in life and want child support from the father? And, under the assumption the child is his, if the paperwork is possibile, can that be done prior to the birth of the child?
1 Answer from Attorneys
Re: Can father terminate parental rights?
No matter what the parents agree to the rights to support and visitation and contact with both parents belong to the child. Mom can say whatever she wants and later sue for support. The only way to terminate anything with the child it to have the court do it.
Either way, I would advise against the "plan" on the table. it stinks for the parties and the child. Studies show that a child with only one parent are twic as likely to do drugs, have trouble in school and the law. I can help either side of this issue. Please call me for a free consultation.
Michael A. Perez
773 772-8989
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