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the following BL TV program is brought.to you by O'Flaherty law.please enjoy welcome to learn about law.my name is Kevin o Flaherty from.O'Flaherty law and today we're going to.talk about the termination of parental.rights in Illinois we've got an article.in video we learned - about - law calm.talking in detail about voluntary.termination of parental rights.so basically relinquishing your rights.in connection with an adoption case now.we're going to talk about involuntary.termination of parental rights there's.three grounds that you can use to.terminate so much parental rights one is.that they're an unfit parent another is.that they're not actually the biological.father of the child a third ground is.that the child was fathered as a result.of criminal sexual abuse or assault so.if you want to learn more about the.paternity aspect improving that someone.nazar is not the biological father of.the child check out our video and.article on paternity we're not going to.talk about the criminal sexual abuse and.assault piece here what we're going to.talk about is proving someone is an.unfit parent so when you're proving.someone is an unfit parent.this can occur in two contexts one is an.adoption case the other is a juvenile.case brought by the state so in an.adoption case the usual context is where.there's a step parent that is willing to.adopt the child and the parent the.biological parent is not willing to cede.their parental rights you can't have the.step parent adopt without the other.biological parent having the right to.terminate it if they're not willing to.voluntarily terminate the parental.rights then the only way to have the.adoption take place is to show that the.biological parent is an unfit parent and.so here's the basis for doing that.there's several grounds that you can.list to show that the biological parent.is unfit one is that they abandon the.child meaning showing no interest for a.continued period of time the child that.includes failing to maintain reasonable.interest concern or responsibility with.respect to the child's welfare another.ground for unfitness is continuous or.repeated substantial neglect of the.child that's kind of similar.abandonment another is extreme or.repeated cruelty to the child.another is physical abuse another ground.is failure to protect the child from.conditions and the child's environment.that are injuries to the child's welfare.conviction of certain depraved crimes.the depraved is a term of art this is.crimes like murder or sexual assault.habitual drunkenness or drug use.continuous or repeated failure by the.parent to provide the child with.adequate food clothing or shelter.despite being physically and financially.able to do so or a mental impairment or.illness that prevents the parent from.discharging parental responsibilities.any other grounds that show that it's.the best in the best interest of the.child to terminate parental.responsibilities can also be used to.show unfitness.but those are the those are the standard.ones that are listed in statute the.adoption statute as a basis for being an.unfit parent so when you're proving.someone is an unfit parent you have to.do so by clear and convincing evidence.which is a higher standard of proof than.preponderance of the evidence courts.don't really like to take away parental.rights and just because you have a step.parent that's willing to adopt the child.doesn't mean that all of the things.being equal parental rights are going to.be terminated the biological parent.actually has to mess up pretty badly and.has to have one of these grounds come.into play and be provable by a higher.standard of evidence now the parent.against whom the unfitness claim is.being made can make several counter.arguments and this is usually the ones.we're going to talk about are usually in.the context of neglect or abandonment.one counter-argument is that is proving.that he or she had attempted to create a.relationship with the child or had been.paying child support or had been.attempting to visit or correspond with.the child but that the other parent was.interfering with these attempts so any.attempt by the biological parent who's.trying to terminate the the other.parents parental rights and he attempt.by them to interfere with that person.being a parent it's gonna be a really.good counter-argument against them not.being involved in the child's life so.we've talked about what goes into on.Fitness but I mentioned earlier that.this is usually only used in adoption.cases or juvenile cases so let's talk.about that a little bit courts don't.like to deem someone an unfit parent and.take away their parental rights unless.there's somebody else willing to step.into their shoes so it's not a situation.where in an adoption in a vacuum someone.who doesn't like the the way the other.parent is acting or behaving can just.file a petition to take away their.parental rights and have all of the.parental rights left with the remaining.parent the court wants to see another.parent usually a stepparent willing to.step in and take that burden and here's.why the parental rights can be divided.into financial obligations to support.the child and actual rights to see visit.parent the child if someone is a bad.seed and doing all these things that are.neglecting abandoning the child doing.things that can negative impact the.child's best interest own the proper.thing to do is for the court to take.away any right to access the child while.leaving the financial responsibility in.place to pay child support and the.reason the court wants to do this is.because if you take away one of the.parents that's responsible for the child.it's more likely that the other parent.is going to depend depend on the state.to support the child so the court wants.to keep two parents in the scenario and.usually that's why this is done in an.adoption proceeding so if you have.someone else willing to adopt then you.can involuntarily terminate parental.rights by showing unfitness to be a.parent and that you've got someone else.willing to adopt however the state can.file the juvenile case and terminate.parental rights even if there's not.someone willing to step up and adopt and.either that the state will be in charge.of there's no other parent and the state.will be in charge of finding an adoptive.parent down the road or foster parents.or if there is another parent involved.then all of the parental rights and.responsibilities and obligations will.fall back.on the other parent but you can't as a.civil person initiate a juvenile case.that's not something that it's not a.civil case where you can just file a.petition the state has to initiate that.case and it's usually in the case of.abuse that they'll initiate that sort of.case if you have any questions you can.leave them them in the comment section.below this post at learn - about - law.comm or below the video on our youtube.channel if you found this helpful and.would like to be informed of our daily.article and video topics subscribe to us.on YouTube iTunes and SoundCloud and.that helps us too if you need some help.please feel free to call for a free.consultation at six three zero three two.four six six six six the six three zero.three two four six six six six we have.offices all around Chicagoland for your.convenience thank you so much for.watching and listening thanks so much.for watching our video if you have any.questions feel free to comment below.click the subscribe button for new.videos every week and download and.review us on iTunes visit learn - about.- law comm for other legal related.articles and videos visit our business.podcast and video blog seizure business.comm and visit making real estate fun.for real estate videos and podcasts call.us at six three zero three two four six.six six six for a free consultation.

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Jc 1636 Consent To Termination Of Parental Rights Affidavit Wicourts FAQs

Here are some questions along with their answers to clear up the doubts that you might have.

Need help? Contact support

In NY, how long does a noncustodial parent have to remain out of contact to have their right terminated?

A2A At one time in Minnesota it was seven years. Now I think it may be three years. Each state is different. Perhaps New York is three years. Contact your public court system.

Does sole custody terminate parental rights?

As a parent, it would be a custody arrangement, not an adoption. Let's look at this from another angle. Any child born has a number of needs. Some of them require a person there, like supervising a young child. Some of them require money, such as buying food and clothing, or hiring people to care for the child when the parent is not there. Society has an interest in ensuring that all children are properly cared for. If they don't get proper food, they get sick and potentially cost the taxpayers. Children with less supervision are statistically more likely to end up criminals, etc. Th Continue Reading

Can a mother terminate a father's parental rights?

Only a judge can terminate parental rights The mother would have to petition the courts and the judge would have to agree it was in the best interest of the child

Can a parent voluntarily relinquish parental rights?

I for one do not understand the mindset of people who allow this to happen. When we adopted our boys out of foster care the court notified the bio mother of the intent to terminate parental rights. It was confirmed that she did in fact receive the certified letter. It stated that she would have the opportunity to depute or comment to the court before finalization. She never even made an effort to express anything. She could’ve at least expressed that she knew it was the best thing for them, but no, not any response AT ALL. Even though the boys were thrilled to be adopted, they were still hurt by the Continue Reading

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