Legal Question in Family Law in Illinois
Parental rights/Divorce
Can I give up my parental rights to my alleged daughter during the divorce with her mother? My wife doesn;t want anything from me and is requesting that I give up my rights to her daughter. I live in IL and she is in FL. So, can I have it stated in the divorce that I gave up my rights, and that I owe nothing to my ex, i.e. child support, ect.?
1 Answer from Attorneys
Re: Parental rights/Divorce
Generally speaking you cannot give up parental rights because they are duties to the child, not your ex-spouse. You may be able to have her waive child support, but the Court can usually reinstate it if the needs of the child demand. If the mother and child are in Florida, you will need Florida counsel.
A better course would be to contest paternity. If you think you are not the father, and contest paternity quickly enough, then you can sometimes get a Court order finding that you are not the father. You should get a lawyer to do this and, as I mentioned, you are better off getting one in Florida since that is where everyone else lives.
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