Legal Question in Family Law in Illinois
Terminating fathers parental rights
I live in Illinois, the father lives in Missouri; we were never married, therefore no custody has ever been established for the children. I do have a child support order with the state of Missouri but he does not pay child support. He has had no form of contact with the two children in over 6 years, leaving myself to be the sole provider and caretaker of our kids. My question is- can I terminate his parental rights without a lawyer and if so where should I start?
3 Answers from Attorneys
Re: Terminating fathers parental rights
There are a few quirks to terminating parental rights. If you were not married, was he ever established as the father in the first place? Also, is he planning to contest the parental rights issue?
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Re: Terminating fathers parental rights
I would suggest that you consult with a Missouri attorney. You are alredy involved with a situation which demonstrates a need for legal counsel. I would suggest that you contact the Missouri Division of Family Services (formerly known as the Division of Child Support Enforcement) to obtain some assistance incollecting the money that is owed o youfor your child support. Also, based upon your statemens, you might consider contacting the prosecuting attorney's office in the county where the father lives and see whether they will prosecute him for his failure to pay the child suppot. In those cases, the state can be of great help and at no charge to you. What exactly are the "rights" of the father that you want to terminate? If he was given rights to see the child by a court Order in Missouri, then you may want to file a Motion to Modify in that same case. I hope that you can see that you need to talk with an attorney and I hope that you do so without delay. Good luck.
Re: Terminating fathers parental rights
Theoretically, you can terminate parental rights. Its unlikely you have the skill to do such legal action if you are not an attorney. I cannot go through all the steps, and since it depends on your set of circumstances, I am not sure what the steps would be until I know all the facts. I would recommend finding an attorney.