Legal Question in Family Law in Illinois
Legally Binding Parental Agreement?
Case and question at hand:
Father/Full Time Grad Student
Mother/Inherently wealthy/stay at home mother
Case involves a 2yr old minor.
Mother initially brought the matter to the court and arranged a DNA test; father took the test and agreed with paternity. He began paying child support at the time (was working).
After unsuccessful results in arranging visitations, Father began to backlash and filed an order. Mother continued to deny legal visitations. Soon after, the Mother's counsel offered the opportunity to completely dissolve any relationship with the child in exchange no child support would be required.
After presenting this agreement to the judge, it was denied.
Should both parties be in agreement that for the best interest of the child that they do not see both biological parents, how is the court able to overturn this decision.
How is the court better able to judge the best welfare of the child than both parents?
How else could this matter be solved?
2 Answers from Attorneys
Re: Legally Binding Parental Agreement?
You can run the arrangement in fact rather than by court order. At some point in the future her new spouse could adopt the child.
Re: Legally Binding Parental Agreement?
You answered your own question. The courts are a neutral arbiter that ONLY looks at the best interest of the child. Parents, on the other hand, are biased and include their own desires. For example, if both parents thought it was ok to leave it with one parent who was a child molester, the court would say "No, I determine what's best". You will need a very very large amount of money to fight a court order that both parents should be allowed to see the child.
Also, the legal system and child development specialists all agree that a child is best off with two biological parents in their life (assuming both are reasonably good people)