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You cannot terminate the rights of your ex unless you have someone prepared to adopt your child or if other special circumstances exist. Therefore, one of the best ways to get a judge to terminate the rights of a parent is by filing a petition for adoption at the county courthouse.
Child abandonment is defined in Illinois as any time that someone having physical custody or control of a child under age 13 ?knowingly leaves that child? without supervision, or in the supervision of someone ?irresponsible? (or underaged) for 24 hours or more.
The only way to get out of paying child support is to take on more time with the child or terminate your parental rights. However, if you just need to stop paying for a time, you can file to modify child support.
A person commits child abandonment when he or she acts without regard for the mental/physical health and safety of the child and knowingly leaves that child (under the age of 13) without supervision for 24 hours or more (supervision is defined as being in the care of a responsible person over the age of 14).
In order to have your children's other parent deemed unfit, you'll need to demonstrate that they engage in some form of dangerous parenting practice, such as any of the following: Treating the child with extreme or ongoing cruelty. Abandoning the child. Ongoing neglect of the child.
Lack of communication and visitation with the child for 12 months. Lack of reasonable concern, responsibility, or interest with regards to the child's well-being. Inability to protect the child from unsafe conditions. At least one year of habitual drunkenness or drug addiction.
Abandoning the child in some way, which happens to be one of the most cited reasons for filing a petition to terminate an absent parent's rights over their child. In most states, a biological parent must prove that the absent parent has had no contact and has not seen the child for at least four months or longer.
If the parents are unmarried, the mother has sole legal and residential custody of the child till paternity is established. In this case, fathers have to petition the court to get custody if they want it. In other words, establishing parentage for biological mothers in Illinois is a straightforward process.