What do you have to do to take away a fathers rights who is going back to prison for the 2nd time for domestic battery and battery and has 3 prior domestics and batteries and does not pay court ordered child support in the date of Illinois

It is governed by Illinois Statute: 750 ICS 50/1; 405/1-2; 405/2-13

(750 ILCS 50/) Adoption Act.
D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act


Circumstances That Are Grounds for Termination


1.Abandonment or Extreme Parental Disinterest
2.Abuse/Neglect
3.Felony Conviction/Incarceration
4.Failure of Reasonable Efforts
5.Sexual Abuse
6.Failure to Maintain Contact
7.Failure to Provide Support
8.Child Judged in Need of Services/Dependent
9. Felony assault of child or sibling

In my point of view TPR can be a long shot./TPR's goal is a child to be free for adoption/ You may ask for No contact order.

What do you have to do to take away a fathers rights who is going back to prison for the 2nd time for domestic battery and battery and has 3 prior domestics and batteries and does not pay court ordered child support in the date of Illinois

Why do you want his rights taken away? Do you have sole physical and legal custody?

If he's going to jail then he can't exercise his rights, so what is the point?

I want to take his rights so that they can be adopted by my fiancé once we get married, he hasn't had any contact with them in almost 6 months

Why do you want his rights taken away? Do you have sole physical and legal custody?

If he's going to jail then he can't exercise his rights, so what is the point? yes I have sole custody of them he is not responsible for them in any way, the only thing they have is his last name and they don't even want that

In my point of view TPR can be a long shot./TPR's goal is a child to be free for adoption/ You may ask for No contact order.

Adoption is what I am trying to have happen, he fits into almost every category from above

If he would just sign over his rights to allow the adoption it will be easier and much much cheaper.

It is very possible the court will allow the adoption to take place but the motion to remove the rights will need to be in with the adoption and all done together. Not done separate.

So get married and a year after you get married, start the adoption paper work. It will give you time to save up the money for legal fees if you don't already have it.

Get married, stay married one or more years and then you may ask for ADOPTION PROCEEDING.

Adoption is what I am trying to have happen, he fits into almost every category from above

Ok, then WAIT until your husband is eligible to adopt. Your attorney will then include the TPR as part of the adoption petition. Doing it now won't happen.

In my point of view TPR can be a long shot./TPR's goal is a child to be free for adoption/ You may ask for No contact order.

Adoption is what I am trying to have happen, he fits into almost every category from above

Adoption is what I am trying to have happen, he fits into almost every category from above


Maybe I'm missing something - do you have a boyfriend or a husband? WHEN you are in a stable marriage (as per GV) begin adoption proceedings.

Has the father been convicted of a felony?

Once again I find it odd that a person in prison is "guilty" of failure to support and failure to visit or have contact with the child. The support part I understand. Failure to visit? Not that it's a pleasant place and I don't know where the father is BUT couldn't an argument be made that the mother isn't taking the children to see the father?

Maybe I'm missing something - do you have a boyfriend or a husband? WHEN you are in a stable marriage (as per GV) begin adoption proceedings.

Has the father been convicted of a felony?

Once again I find it odd that a person in prison is "guilty" of failure to support and failure to visit or have contact with the child. The support part I understand. Failure to visit? Not that it's a pleasant place and I don't know where the father is BUT couldn't an argument be made that the mother isn't taking the children to see the father?

We have been divorced for a little under 3yrs, he was released from prison in August of 2011 and has only had contact with then a couple times and every time(twice) I had to go get them because he was getting in trouble, he has has 3 jobs and has quit all because of child support, and yes he has a felony domestic battery charge and he is currently in jail on a another domestic battery and 2 counts of battery on his new girlfriend and he brother that happened 2wks ago


He has a total of 3 domestics against me 1 was a felony and the one he just got is a felony as well, he was in prison for 2 years for battery and domestic battery, by no means am I trying to take rights away for no good reasons, he has chosen willingly not to be involved despite his numerous chances

Ok, but the answer doesn't change. Wait until you are married and your new husband is eligible to adopt and file for the adoption. Nothing will happen unless its part of the adoption package.

Start shopping for an attorney now.