Can Parental Rights be Terminated?

Parents have a right to the care, custody, and control of their children. However, there are instances where a parent’s rights could be limited or terminated if it is found to be in the best interest of the child. Termination of parental rights is not an easy process because of the preservation of families. In the state of Illinois, termination of parental rights occurs in adoption or dependency cases.

Parental rights could be terminated in cases of adoption. Pursuant to Section 1 of the Adoption Act, a court could terminate parental rights if it finds that a parent is unfit due to neglect or misconduct of the child. The court considers various factors to determine a parent’s fitness, which include, but are not limited to the following:

• Abandonment of the child;
• Failure to maintain a reasonable degree of interest, concern, or responsibility for a child’s welfare;
• Desertion of a child for more than 3 months immediately preceding the adoption proceeding;
• Substantial neglect of the child;
• Extreme or repeated cruelty to the child;
• Failure to protect the child from conditions that are injurious to the child’s welfare;
• Evidence of intent to forgo parental rights; and
• Repeated or continuous failure to provide a child adequate food, clothing or shelter.

However, there are other situations where adoption is considered, like when a step-parent wants to adopt the child or the parent surrenders their rights to an agency. Therefore, terminations of parental rights could be done by consent of the parent. Pursuant to 750 ILCS 50/10, a Final and Irrevocable Consent to Adoption includes information such as a parent’s relationship with the child and their residence, child’s birth date and location, and consent to adoption of the child.

Once a parent consents to termination, they no longer have custody or parental rights as to the child. This means the adoptive parent(s) would have parental responsibilities over the child. For instance, if your ex-spouse consents to terminating their parental rights and your new spouse is willing and able to adopt the child, your ex-spouse would no longer have parental responsibilities or a legal relationship with the child. Parents may also surrender their parental rights to an adoption agency. However, the court does not take terminations of parental rights lightly and careful consideration is given to what is in the best interest of the child.

Another reason that would trigger a termination of parental rights is if the child is abused, neglected, or dependent pursuant to Section 405 of the Juvenile Court Act of 1987. When someone, including the child’s parents, suspects that the child is being abused or neglected, they can report them to the Department of Children and Family Services. Once a report is made, the Department of Children and Family Services conducts an investigation and determines if there is evidence of abuse or neglect. The Department of Children and Family Services would then request the State’s Attorney to file a petition or motion for termination of parental rights and appointment of a guardian. The court will determine whether a child is abused, neglected, or dependent. Per 750 ILCS 405/2-21, the court can determine that termination of parental rights is in the best interest of the child. Furthermore, the court might find it appropriate to terminate parental rights on an expedited basis when (1) reasonable efforts are inappropriate or were unsuccessful, (b) parental rights have been involuntarily terminated, or (c) the parent’s incapacity to care for the child justifies termination.

Instead of terminating parental rights, parental responsibilities could also be allocated primarily to one parent, pursuant to Sections 602.5 and 602.7 of the Illinois Marriage and Dissolution of Marriage Act. Parental responsibilities include decision-making responsibilities related to education, health, religion, and extracurricular activities, and parenting time. Additionally, Section 602.10 of the Illinois Marriage and Dissolution of Marriage Act provides that parents may file a proposed parenting plan. To enter a parenting plan by agreement, it must be in writing and signed by both parties. However, the court may deny entry of a parenting plan and conduct a hearing to determine whether it is in the best interest of the child. The court will evaluate several best interest factors, which include the child’s wishes, adjustment to their home and community, needs, and interactions and interrelationships with their parents. After considering the best interest of the child, the court may grant one parent sole parental responsibilities.

The dedicated team of Evanston family law attorneys at O. Long Law, LLC, are skilled in finding solutions that are the best outcome for you and your children. If you have questions, contact us today to schedule your consultation.