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When Can Illinois Courts Revoke a Person’s Parenting Rights?

Posted on in Child Custody

IL family lawyerWhen it comes to children, the court’s job is to make sure that the children’s best interests are protected at all times. In some cases, this may mean that a parent loses custody of his or her children for a while, but in some cases, a person may lose their parental rights altogether. A parent can only lose their rights to their child if they are considered to be an “unfit” parent by the court’s standards. Unfortunately, this can be the outcome of many situations when custody is contested or when couples get divorced.

What Makes a Parent “Unfit?”

Unlike years ago, most people believe that a child grows up happiest and healthiest when they have a relationship with both their mother and father. In most cases, the goal of the court is to make sure that the child has a relationship with both parents by any means necessary. If a parent’s actions are of concern to the court, they may choose to restrict the amount of time that they spend with the child or restrict some of the decision-making responsibilities that they have.

In some cases, the court may determine that the best course of action is to cut ties between the parent and the child completely. In these cases, they must be able to come to a determination that the person is unfit to be a parent. A person can be considered unfit if they have:

  • Abandoned their child
  • Failed to express an acceptable level of interest, concern, or responsibility for the child
  • Deserted the child for more than three months
  • Substantially neglected the child or have a history of neglecting the child
  • Committed acts of extreme or repeated cruelty toward the child
  • Been found guilty of two or more findings of physical abuse of the child
  • Failed to protect the child from harm
  • Been convicted of three or more felonies
  • Been an alcoholic or drug addict and not sought treatment
  • Repeatedly or continuously failed to provide the child with appropriate food, clothing, or shelter

Our Wheaton, IL Family Law Attorneys Can Help

Dealing with any child custody issue can be emotional and stressful. At Stock, Carlson & Duff, LLC, we can provide you with helpful and effective legal assistance for any child custody issue you may be facing, including helping protect your parental rights. Our skilled team of DuPage County child custody lawyers is here to guide you through this challenging time. Call our office today at 630-665-2500 to schedule an initial consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000500K1

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