Termination of parental rights and back child support

Nov

22

2010

My son is soon to be four years old and his father has never played an active role in his life, nor does he provide any kind of financial support. At this point, the last time that he has seen my son was well over a year ago. I am moving with my son to San diego in August of 2011 and would like to have his parental rights terminated. However I feel that he should remain responsible for the four years he was legally my sons father. Is it possible to still get my son the money he is owed and move forward without his father, or us this just simply a loss we will have take to move on with our lives. Also a few other details that may or may not be important. My sons father is a Marine, and there is not a present judgement for child support against him. He has also married,we were never married,but an acknowledgment of paternity was signed my him. My son was conceived in and we both reside in illinois.

In: Divorce & Family Law Asked By: [1 Grey Star Level]
Answer #1

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In Illinois, the laws of child custody, child support, visitation, etc. applying to children in divorce also apply to children in an unmarried relationship. Such issues may be resolved either through mutual agreement or by the court. In order to get legal, financial, inheritance, custody or support it is necessary for paternity to be established in a court of law. Paternity can be established by DNA testing or if the father has signed a Voluntary Acknowledgment of Paternity (VAP).

As a mother you can file paternity action to obtain child support from the father. Paternity cases are started within the county that the child currently resides. In your case it seems you have the acknowledgment signed so that should be enough to prove the basis for demanding child support. Under state law, the biological father of the child must not only provide for child support or financial support, but it also entitles the child to insurance benefits (through the father’s workplace), inheritance rights and social security benefit entitlements. The court determines the child support amount according to the Illinois Child Support Guidelines.

For termination of birth parent’s rights, the rights of biological parent must be either voluntarily terminated or terminated by court order. Voluntary termination is easily achieved by mutual agreement. Termination through court is a little hard as you have to prove that a good cause exists for the court to terminate parental rights. Causes are detailed in the Illinois Grounds For Termination of Parental Rights, Statutes 750 ICS 50/1; 405/1-2; 405/2-13. Like in your case you can demonstrate timely and reasonable degree of “Failure to Maintain Contact” and “Failure to Provide Support”.

Good Luck!

Answers Answered By: lady9 [25 Grey Star Level]

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