Legal Question in Family Law in Illinois

Rights of the Father

Can the father of my son terminate his rights without my consent?


Asked on 12/15/07, 12:36 am

5 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Rights of the Father

Hello. The father of your child can only terminate his rights through a court order and must give you notice of a motion to do so. Based upon your posting I am assuming there is an existing court case. In many instances a father will attempt to terminate his rights to avoid paying child support. In my 22 years of experience a court will not terminate a father's parental rights where the child is young and he has been paying child support. I will be happy to answer any additional questions that you may have.

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Answered on 12/15/07, 4:27 am
Zedrick Braden III Ainsworth & Associates PC

Re: Rights of the Father

Hello. The father of your child can only terminate his rights through a court order and must give you notice of a motion to do so. Based upon your posting I am assuming there is an existing court case. In many instances a father will attempt to terminate his rights to avoid paying child support. In my 22 years of experience a court will not terminate a father's parental rights where the child is young and he has been paying child support. I will be happy to answer any additional questions that you may have.

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Answered on 12/15/07, 4:27 am
Zedrick Braden III Ainsworth & Associates PC

Re: Rights of the Father

Hello. The father of your child can only terminate his rights through a court order and must give you notice of a motion to do so. Based upon your posting I am assuming there is an existing court case. In many instances a father will attempt to terminate his rights to avoid paying child support. In my 22 years of experience a court will not terminate a father's parental rights where the child is young and he has been paying child support. I will be happy to answer any additional questions that you may have.

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Answered on 12/15/07, 4:27 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Rights of the Father

He would still be liable for child support.

check out my website - www.michelottilaw.com

email me if you have any questions - joe @michelottilaw.com

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Answered on 12/16/07, 10:28 am
John Steele Steele Law Firm

Re: Rights of the Father

You might be confusing "rights" with "obligations". It is easy for a parent to not see their child, they simply do not show up or call. In effect, the parent is giving up his right to see the child. On the other hand, a parent cannot terminate his obligation to pay child support. If that was the case, I am afraid 90% of non custodial parents would opt to do just that. The court will not let the father off the hook for paying support since it is almost never in the best interest of the child to do so. Obviously there are exception (adoption being one of them).

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Answered on 12/15/07, 10:47 am


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