Being a parent can be one of the most joyous and rewarding things a person can do, but parenting is not without its challenges. Fathers often face particular challenges when they are not married to the mothers of their children and may sometimes feel as though the legal system’s hurdles are too much to overcome. Other times, a mother or a father may feel totally unequipped or unprepared to raise a child he or she did not want to bring into the world and may wonder whether relinquishing parental rights is an option. Wherever you are in your parental journey, you can get legal advice from an experienced Illinois family law attorney who can help you understand your options and assist you in making wise decisions.

When Can a Parent Voluntarily Give Up Parental Rights?

The feelings and emotions of parents are often complex and influenced by many factors, all of which are real and legitimate. Parents who are very young or who hardly know each other may be devastated by an unplanned pregnancy and understandably feel reluctant to take responsibility for a child they do not want.

However, parents do have automatic legal responsibility for their children. For example, even if a father does not want a relationship with his child and declines the opportunity to exercise parental responsibilities and parenting time, a court can still determine the child’s paternity and require the father to pay child support.

While every child deserves to have loving parents, the unfortunate reality is that many children do not get the love and care they deserve at home. When one or both parents have died or are out of the picture because they are in jail or have lost their parental rights, a court may need to appoint a guardian. If a deceased parent left a will designating someone to be a child’s guardian, a court will usually follow the parent’s wishes. But if the designated guardian is also deceased or is unfit or unwilling to be a guardian, a court may pursue other options. 

One potential option is having a child’s older sibling become their guardian. If you live in Illinois and are wondering whether you can become your younger brother or sister’s guardian, read on. 

Who Can Become a Legal Guardian? 

When a child’s parents are no longer able to care for her, the foster system may seem like the next best option. But the foster system has serious shortcomings and an older sibling may rightly worry whether he would be better equipped to care for the child, rather than entrusting her to a stranger.  

A divorce is hard under the best of circumstances, especially when children are involved. Many times, disputes over parental rights and responsibilities can resemble all-out, head-to-head battles, with each parent fighting tooth and nail for their own individual interests: Maximum child custody, maximum parenting time (visitation), all at the expense of the other parent. In addition, there is frequently a large dose of resentment and ill will added in. What is all too often undervalued in this scenario is the one factor that the courts will ultimately use most to decide the final parenting plan: What is best for the children?

The Evolution of Illinois Divorce Law

Fortunately, here in Illinois, recent years have seen a great deal of evolution in divorce law to improve how parenting plans are decided and carried out in daily life. Over time, “child custody” has become the “allocation of parental responsibilities.” Where questions of sole or joint custody once prevailed, present-day Illinois law now anticipates that both parents will participate in caring for the children, jointly negotiating a plan that specifies the respective rights and authority each has over their children. In particular, decisions about children’s education, medical treatment, religion, and other major facets of their lives now need to be allocated by consensus between the parents, in whatever proportions they agree to.

Likewise, what used to be called “visitation” is now known as “parenting time”—a more accurate and meaningful designation. Here again, the many components of the child’s daily life, such as their morning and nighttime routines, schooling, and homework now fall under the category of “care-taking functions.” These essential responsibilities also need to be negotiated by the parents. All of these agreements are expected to be reached with the child’s best interests as the primary consideration.

The relationship between a child and his or her father can be one of the strongest bonds a person ever experiences. Unfortunately, in the past, many unmarried fathers have experienced difficulty and frustration when trying to pursue a relationship with their child. For some fathers, these challenges continue even today - but most would agree that their relationship with their child is worth the fight it sometimes takes to get there. If you are a father in Illinois and you want to seek parental rights, including parenting time and allocation of parental responsibilities, read on. 

Establish Paternity

No father has a legal claim to spend time with a child with whom he does not have a legal relationship. Establishing paternity over your son or daughter is the most important first step in a lifetime of love and support. If your child’s mother rejects the possibility of your presence at birth and you cannot sign a Voluntary Acknowledgement of Paternity, you may need to get a court-ordered declaration of parentage. You may need to submit to a DNA paternity test to confirm the biological relationship to the child and establish paternity. Once paternity is established, you can petition the court or parenting time and parental responsibilities.  

Show You Are Responsible 

Although it may seem unfair that a father has to prove his worthiness as a parent, it is important to act responsibly - even if the outcome seems unfair at the moment. It can take time to establish parental rights, which can be frustrating. However, a court is more likely to take your claims seriously if you always pay child support, demonstrate your home is a safe and nurturing place for a child to live, and show up to your court dates looking clean and organized. 

Illinois courts and judges are very concerned with the well-being of children, and Illinois family law reflects that fact. Recent changes have been made to the law to encourage both parents to have an equal role in their relationship with their child whenever possible. As a result, it is rare for a court to decide to terminate a parent’s rights to see, care for, and have a relationship with their child.

However, termination of parental rights can happen when courts find it is in the best interest of the child. Termination happens when a parent is deemed unfit by the state and/or when another adult, such as a grandparent or stepparent, seeks to adopt a child.

When Is a Parent Considered Unfit?

The Illinois Department of Children and Family Services (DCFS) is the governmental division responsible for overseeing the wellbeing of children who have problems at home serious enough to require state intervention. There are three primary reasons that DCFS may consider a parent unfit for parental rights: