Legal Question in Family Law in Illinois

Terminating rights of a biological mother
I am the step mom of a 7 year old little girl, her mother left her at age 3, she chose drugs and alcohol over being a mother. She was locked up last year and her sentence included going to a womens rehab. When she got out she moved out of state and calls her once a week. The calls are troubling our daughter, we feel that knowing her daughter is happy makes her, the mother, unhappy. With that said, when they talk, she worries our daughter, makes her sad and actually depressed. We've expressed these concerns to the mother but they have fallen on deaf ears. What rights do we have?

Asked on 12/28/08, 11:43 am

3 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

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Re: Terminating rights of a biological mother

The mother presently has the right to visitation with her daughter. If she is saying things that distress the child, typically that is in violation of any type of parenting agreement that is entered with the court. One option would be to try to enforce that through the court. Another option as already mentioned, is for you to adopt the child. It won't be easy because the Mother will probably not consent to it based on the facts you have provided. I'd suggest that your husband consult with a local family law attorney to try and determine the best way to resolve the problem.

Terminating a parent's rights is not easy, and not likely to happen based solely on phone calls.

Answered on 12/29/08, 2:19 pm

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Motty Stone Law Offices of Motty Stone

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Re: Terminating rights of a biological mother

If the mother wants to push for some kind of visitation, then you will have a hard time stopping her. I know the phone calls are hard, but you do not want to put the mother in a position where she starts pushing for even more. Have you considered any kind of therapy for the little girl?

Please feel free to contact us with any questions.

Answered on 12/28/08, 1:16 pm

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