Family & Safety

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Can I terminate my ex's parental rights?

Terminating parental rights is something courts take very seriously. The law prefers kids to have two parents. Judges do not like terminating one parent’s rights without having someone else step in and take their place. Otherwise, lots of parents who want to avoid child support would be more than willing to give up their parental rights.

One way parental rights can be terminated is through an adoption case, but usually only when someone new is willing to step into the shoes of the parent whose rights are terminated. For instance, one parent has a new spouse who would like to adopt the child.  The parent could terminate the rights of the other parent and transform the new spouse from step-parent to adoptive parent.  

Another way parental rights can be terminated is as part of a juvenile case.  For that to happen, there must be serious abuse or neglect . Juvenile cases are filed by the State of Illinois so it's not something a parent or their lawyer can file.

 

Last full review by a subject matter expert
August 29, 2024
Last revised by staff
August 19, 2024

Worried about doing this on your own?  You may be able to get free legal help.