Legal Question in Family Law in Illinois
I want to file a suit to take away parental rights from my daughters father. He has not been to his scheduled visitation in over a year and I am only getting support because I filed my order with the state and they are garnishing his wages. Is there any way I can do this?
2 Answers from Attorneys
Who is going to take over those parental rights? The state requires someone to. And on a side note, they usually don't take away parental rights because he is not having visitation.
Since you originally went through the legal process to get the child support and apparently the father did not deny paternity or paternity was found and ordered, you would have to go to court. And you'd need legal counsel.
But the question is what are you trying to accomplish? Punishing the father for not visiting? Threatening removal of parental rights could backfire, no? He could stop child support or make even that difficult. Perhaps someone like a church pastor or a mutual family friend who knows both of you may be able to first find out what's going on with him - pushing legal buttons before knowing that could also be the wrong first step. By all means protect your daughter from someone who truly doesn't want to be part of her life, but if you want him to visit and he doesn't want to.....?