The father of my son resides in SC. Prior to that, he lived in FL. Our jurisdiction for our parentage agreement is in

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Customer: The father of my son resides in SC. Prior to that, he lived in FL. Our jurisdiction for our parentage agreement is in DuPage County, IL. The father has in-person visitation rights that he has not used since 2012, he has seen his son physically for 37 days and 3 hours of his 11.5 years on earth. In IL, since he has not used his visitation rights, has not requested to speak with our son on the phone, only Skyped with him for 1 year in 2016, and has only requested his records when I request his financial responsibilities. I've never denied him the right to see or speak to our son. I would like his rights terminated due to lack of interest. 1. The visitation issue - since he has not seen our son physically, is there statutes that will strengthen my case?
JA: What's the reason being given for denying visitation?
Customer: He was never denied.
JA: Has a motion to enforce been filed?
Customer: No, not yet. I am attempting "in good faith" to discuss termination prior to mediation. He is also getting married, bought a house, and went on 3 vacations in the past 3 years...but has not attempted to come to IL to see our son
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There are 5 provisions he has not followed, and should be in contempt of court, from our original parentage agreement from 2011

Answered by HermanT611 in 5 mins 1 year ago

HermanT611

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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HermanT611

2220 Satisfied customers

10+ years of experience

HermanT611

10+ years of experience

2220 Satisfied customers

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116 Lawyers are online right now.

HermanT611, Expert

Hello, my name is ***** ***** I am one of the attorney experts here at just answer

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i am so sorry to see you and your son are having this issue with his father. unfortunately there are lots of cases like this these days. i am preparing a response for you, but need to be sure i am answering the question that you need answered. if i understand what you are asking, you want the statute regarding involuntary termination of parental rights in the state of illinois is hat correct?

Customer

I am a litigation paralegal and I have done research regarding involuntary termination. The statute states they prefer adoption and I have to prove the parent "unfit". He has paid child support, however, he has not used his visitation rights in 11 years.

HermanT611, Expert

yes that is correct, you would need to have someone willing to adopt the child before the court would consider terminating his parental rights.

Customer

He has also not provided me with his tax returns, W-2'S etc. In 5 years, even though I've requested them. He also has not spoken to our son since 2016, and even then it was only for a year via Skype. Yet, he is getting married and has gone on 3 trips in the past year. Would his lack of interest in our son be grounds for termination? Am I allowed to send him correspondence asking if he would voluntarily terminate his rights prior to mediation and in "good faith"? My son does not know him...I believe that it is in his best interest. Mentally, this may hurt him significantly.

HermanT611, Expert

in general his lack of interest would not render him unfit provided he otherwise provides fir the child's financial needs. however, you have grounds for a contempt action against him for not providing the items he is required to provide under the order which had he provided them may be a basis for an increase in child support.

you can seek to send him such a letter, but as you know under the statute in Illinois there must be another party intending the adopt the child before the court will grant a termination

Customer

I have a boyfriend that has been in his life since he was 2. We need to get married, but the adoption can happen. Should I send this correspondence along with the other 6 provisions he has not followed and use case law/statutes to back up my claims, would it look bad to the judge if we proceed to court? Or the mediator?

HermanT611, Expert

it would always be to your advantage to try and resolve the matter prior to court. however you have to weigh that with the likelihood of success. that i cannot answer for you. if you feel it would not be likely to succeed you would not be looked upon unfavorably by the court. the key to the adoption would be you and your BF being married as it will show stability and an intention to remain a part of the child's life

Customer

That is exactly what I needed! Thank you so very much!

HermanT611, Expert

you are welcome. thank you for using just answer

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