Tag Archives: parental rights

Illinois paternity attorney, Illinois family law attorney,One of the greatest inequities in the ongoing abortion debate is the male partner's right to opt out of parenthood. While a pregnant woman can choose whether she wants to terminate a pregnancy or not, her male partner does not have this option. Naturally, this is upsetting to many men, especially those who have been in situations where they wanted their pregnant partners to abort but instead became fathers against their will. 

So what are your options if you do not want to become a father? You do have the right to relinquish your parental rights to the child. In fact, if you are not married to your partner, you do not have to acknowledge any right to the child in the first place by opting not to sign the birth certificate. If you find yourself in a situation where your partner is pregnant and you do not want to be a father, you need to have a serious discussion with her about your expectations and your plans regarding your role, if any, in the child's life. Although you cannot force a woman to terminate or keep a pregnancy, you can certainly voice your opinions to her about it. You can also work with an Illinois paternity lawyer to determine your rights as an individual who has voluntarily relinquished his parental rights.

Opting Out of Signing the Birth Certificate

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Illinois family law attorney, Illinois adoption lawyerYou might face the reality of your parents having their parental rights terminated. Naturally, you want to protect your minor sibling and ensure that he or she is taken care of, rather than allowing him or her to enter the foster care system and be raised by a stranger. If you are in this situation, you might be wondering if it is possible for you to seek custody of your sibling or even become his or her adoptive parent.

It is possible to seek custody of your younger sibling if your parents have their rights to him or her terminated. In fact, it is often preferable that an adult relative of a child in this situation take custody of him or her rather than the foster system. This preference was written into the recent revision to the Illinois Children and Family Services Act, which now states that when a parent's parental rights are terminated, the Department of Children and Family Services must seek any adult relatives, such as adult siblings, grandparents, and aunts and uncles, who can care for the child before placing the child in foster care.

Guardianship vs. Adoption

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parental-responsibilityMost parents choose a child's religion before the child is born. For many, the religion in which their children will be raised is determined before the couple marries – this, along with plans regarding whether one parent will stay home with the children and whether to home school or send the children to public school, can be a divisive factor to the point that it becomes a deal breaker for some couples.

Under the changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect on January 1st, handling a child's religious upbringing is one of the parental responsibilities that the court assigns during a divorce proceeding. The parent who is granted this responsibility may then choose how the child is raised religiously, such as whether the child will attend regular church services or participate in certain religious traditions. When a couple of different faiths divorces, their child's religious upbringing can be a source of conflict. Work with a family law attorney to minimize this conflict in your divorce and subsequent relationship with your former spouse.

How Does the Court Assign Religion as a Parental Responsibility?

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DCFS-investigationIn Illinois, reports of child abuse and neglect are handled by the Illinois Department of Children and Family Services (DCFS). Allegations of child abuse and neglect are taken very seriously. All calls to the department are screened by trained social workers who can determine the correct action to take – not all calls warrant full in-home investigations. But when a report is made about an individual or family, that call is recorded and can haunt the parent in future interactions with the court and his or her former partner.

If you have had to interact with DCFS in any way, whether you were the subject of a report or you have had to report your former partner, tell your attorney. This will have an impact on your child custody or visitation order and your attorney will be able to determine the steps you need to make to ensure that that impact is a productive, healthy one.

Your Custody Order Could be Changed

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pregnant-teenThe prospect of a teenage son or daughter becoming a parent raises questions for an entire family. Where will the baby live? How will the baby's parents support him or her? And for many, who makes important financial, medical, and lifestyle decisions on the infant's behalf when his or her parents are minors themselves? Child custody decisions, whether they are in regard to your child or your grandchild, can be complicated.

Even Teen Parents Have Full Parental Rights for Their Children Unless These Rights Are Terminated by the Court

Even if your child is under the age of 18 and unable to make legal decisions for him- or herself, he or she has full parental rights to his or her child. These rights include the right to consent to medical care throughout the pregnancy and birth, the right to make medical decisions for the baby after it is born.

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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