Legal Question in Family Law in Illinois

Re: Parential rights

Hello. I suggests that your husband determine

how much extra money he has paid his ex wife

in child support. The money he has paid in excess of the amount ordered is a credit. There-

fore he may owe less than he is being charged

for. In fact, he may not owe a child support

arrearage depending upon the size of the credit. In terms of relinquishing his parental rights to his daughter, he should think about that. At age 14 she is quite young and may change her mind later.

The court will want to consider what is in your

stepdaughter's best interest so it is not a sure

thing that the court would grant your husband

a relinquishment of parental rights. Also, it

is possible that your husband's ex-wife may have

intentionally engaged in conduct or used language

intending to alienate his daughter from him. This

is a basis for a change of custody in many instances. Now whether your husband wants custody now that his daughter is alienated from

him, or appears to be, is up to him. However,

I would not recommend that he relinquish his

parental rights. In a few years she will be 18

and she can make up her mind as to what type of

relationship she wants with her father. Now

in answer to your next question about child

support, child support may cease where one relin-

quishes his/her parental rights, but this is not

a sure thing, because a divorce judge will enter

orders that are in the best interest of a child

or children. I hope my comments have been help-

ful and I will be happy to answer any additional

questions that you may have.