Parental Rights
Our Belleville, IL parental rights attorneys protect your relationship with your child
Few things matter more than your bond with your child. When that bond is threatened, the stakes couldn't be higher. The family law attorneys at Courtney Clark Law, P.C. have spent years helping mothers, fathers, and grandparents throughout Belleville and southern Illinois understand exactly where they stand and defending their rights.
No two situations look the same. That’s why we take the time to understand your specific circumstances before we recommend a path forward, because a one-size-fits-all approach doesn't work when it comes to your family.
Mothers' rights in Illinois
A mother's parental rights typically begin at birth, whether or not she's married to the child's father. She has the right to make decisions about her child's education, medical care, and welfare, along with the right to seek parenting time and child support.
These rights can change if a court finds her unfit or she voluntarily relinquishes them. We help mothers throughout St. Clair, Monroe, Madison, Clinton, and Randolph Counties understand where they stand and what their rights are.
Fathers' rights in Illinois
Fathers sometimes assume they have fewer rights than mothers, and that's not true. A father married to the child's mother at birth is automatically the child's legal father. An unmarried father generally needs to establish paternity first, either through a Voluntary Acknowledgment of Paternity or a court order, before he can assert full rights to parenting time and decision-making. Either way, we understand how Illinois’ legal system works when it comes to fathers’ rights and how to assert them in complex legal cases.
Grandparents' rights in Illinois
Grandparents don't have automatic rights, but Illinois law gives them a path in specific situations. In Illinois under 750 ILCS 5/602.9, a grandparent may petition for visitation if a parent has unreasonably denied contact, plus one additional condition, such as a parent's incarceration for more than 90 days, a parent's death, or certain situations involving parents who are separated or living apart.
- Proving unreasonable denial: A grandparent must show the denial is causing, or likely to cause, real harm to the child, not just disagreement over the parent's decision.
- Meeting a qualifying circumstance: One of the qualifying family circumstances identified in the state statute must apply before a grandparent can pursue visitation under the law.
- Understanding the presumption favoring parents: Illinois law presumes a fit parent's decisions serve the child's best interest, so the burden of proof falls on the grandparent.
How to relinquish parental rights in Illinois
Forfeiting all parental rights is permanent, and Illinois law treats it that way. A parent can't give up rights simply to avoid child support or because parenting has become difficult. State laws such as 750 ILCS 50/10 mainly allow voluntary relinquishment in adoption cases, such as a stepparent adoption, where another person is ready to take on parental responsibility. Other times, the state might involuntarily terminate a parent’s rights under Illinois statute 750 ILCS 50/1.
The process usually involves signing a Consent to Adoption or a Final and Irrevocable Surrender, along with an affidavit confirming the parent understands what they're giving up. Generally, a consent or surrender cannot be signed during the 72 hours immediately following a child's birth. Different rules apply to certain documents signed by a father before the child's birth. Once a valid consent or surrender becomes irrevocable, it generally cannot be undone except in limited circumstances.
FAQ about parental rights
What are parental rights?
Parental rights are the legal rights and responsibilities that come with being a child's parent. This includes the right to spend time with your child, make decisions about their education and medical care, weigh in on where they live and go to school, and object if someone else seeks to adopt them. It also includes responsibilities, like providing financial support.
Can parental rights be terminated if a parent is incarcerated?
Incarceration alone doesn't automatically terminate a parent's rights, although circumstances related to the incarceration may be relevant in proceedings involving parental responsibilities or the statutory grounds for termination of parental rights.
Do stepparents have rights?
A stepparent doesn't automatically gain parental rights just by marrying a child's parent. In most cases, a stepparent needs to legally adopt the child, which requires the other biological parent to consent or have their rights terminated first. Once a stepparent adoption is finalized, the stepparent takes on the same legal rights and responsibilities as a biological parent.
What rights does a parent without legal custody have?
A parent without legal custody, referred to under Illinois law as a parent without a majority of parental responsibilities, still generally retains the right to parenting time and the right to stay informed about their child's education and medical care unless a court has specifically restricted those rights.
Not having legal custody doesn't mean a parent has been cut out of their child's life. It means the other parent has been given primary decision-making authority on certain matters.
Does guardianship override parental rights?
Guardianship and parental rights aren't the same thing, and guardianship doesn't automatically erase a parent's rights. A legal guardian gets authority to make decisions for a child, often temporarily, but whether that limits a parent's rights depends entirely on the specific court order.
Does sole legal custody terminate parental rights?
No. Sole decision-making authority lets one parent make major decisions, but the other parent typically keeps the right to parenting time and to stay informed, unless a separate order says otherwise.
Count On Us To Fight For Your Parental Rights
Your relationship with your child isn't something we take lightly, and neither should you. Whether you're a mother, father, or grandparent trying to understand where you stand, we're here to walk you through every option available to you.
Even if your situation feels complicated, or you're not sure you have any rights at all, it's worth finding out for certain rather than assuming the worst. We offer a free case evaluation to help you understand exactly where you stand.
Discover what a dedicated Illinois family law attorney can do for you and your family. Contact us and schedule an appointment today at our Belleville law firm. Courtney Clark Law, P.C., we're focused on protecting your relationship with your child.